Dangerous Driving: Eliminate Ambiguity to Impose Severe Punishment

Editorial

15:50 JST, December 19, 2025

The current situation in which reckless driving causing death or injury results in only minor penalties can only be described as absurd. It is essential to reform the legal system so that malicious drivers are punished severely.

To prepare for a review of what constitutes the offense of “dangerous driving resulting in death or injury,” which was written into law to punish drivers who engage in dangerous driving, the Justice Ministry presented draft numerical standards for criminal offenses related to drunk driving and speeding to a subcommittee of the Legislative Council, an advisory body to the justice minister.

The draft standards state that, for accidents caused by drunk driving, the offense would apply to drivers whose alcohol concentration in their exhaled breath exceeds 0.5 milligrams per liter of air. The figure is equivalent to having drunk two to three large bottles of beer, according to the draft.

For speeding, accidents caused while driving at speeds exceeding the speed limit by more than 50 kph on ordinary roads and 60 kph on expressways would be targeted.

Under the current law, the offense is applied to drivers in accidents involving “uncontrollably” high speeds, or those that occur while in a state where normal driving is difficult due to alcohol consumption.

The maximum penalty for dangerous driving resulting in death or injury is 20 years imprisonment, significantly heavier than the seven-year maximum for negligent driving resulting in death or injury due to driving errors.

However, because it was unclear which specific cases the offense applied to, application was difficult and there were consequently few cases in which charges of dangerous driving were brought. This led to situations in which “the driving was dangerous, but it couldn’t be classified as dangerous driving.”

In 2018 in Tsu, the capital of Mie Prefecture, a passenger car traveling at 146 kph on a national highway with a 60 kph speed limit killed or injured five people. The driver was found to have been driving negligently and his seven-year prison sentence was finalized. This outcome can never satisfy the victims or their bereaved families.

On the other hand, there are cases in which prosecutors indicted drivers on charges of negligent driving, but courts ultimately recognized their actions as dangerous driving.

Under the draft standards, the incident in Tsu would fall under dangerous driving. It is significant to eliminate inconsistent judicial rulings and enable appropriate punishment for malicious drivers by establishing clear numerical standards and removing ambiguity.

However, even when standards are established, relying solely on them may sometimes prevent an accurate assessment of the severity of the offense. It is hoped that investigative agencies and courts will be flexible in evaluating the danger of driving based on the overall circumstances of the accident, even when the amount of alcohol consumed or the level of speeding is below the established standards.

In relation to driving under the influence, bicycle riders have also been subject to penalties since November last year. To date, about 900 violators have reportedly had their car driver’s licenses suspended for up to six months for being drunk while riding bicycles.

Society is taking an increasingly stern view of drunk driving. Whether driving a car or riding a bicycle, it is necessary to thoroughly implement the principle once again: “Don’t drink and drive.”

(From The Yomiuri Shimbun, Dec. 19, 2025)