According to what Nagashima-san said, there's a lot of leeway. So I'm still curious as to what kinds of punishment people actually get.
I checked the precedent of the trial.
Document of Ministry of Justice.
The negligent driving resulting in injury and death criminal offense that the punishment that was almost the upper limit of the discretionary penalty was sentenced to.
Precedent of the causing death case by the drive dozing
No. 5
Negligent driving resulting in injury and death.
(as for the upper limit of the discretionary penalty penal servitude, 7-year imprisonment)
5-year imprisonment four months.
Three dead people.
Six injured people.
The summary of the case.
Though I drove a medium-sized truck and it was in progress on an expressway and learned sleepiness because of fatigue by the duty on day after day, and the front gaze was in a difficult condition, I continued driving and fell into a nap state and let you progress at about 80-90 kilometers per an hour and let an own car collide to four vehicles stopping it for a traffic jam forward.
Trial precedent search
April 19, 2023
Kyoto District Court
No. 962 Case of defendant causing death and injury due to negligent driving.
One dead, injured person one.
Judgment
2-year imprisonment eight months.
Reason
(the fact that should become the crime)
The defendant was driving a semi-medium-sized truck and drove to Oaza B Koaza CD Higashiho, A-cho, Soraku-gun, Kyoto Prefecture, from around 1:27 p.m. on September 21, 2020 to around 1:31 p.m. on the same day. While driving from the road 100m away to the road in the tunnel A, near A-A, small-A, EF, G in the same town, he became drowsy and found it difficult to keep an eye on the road ahead, so he should stop driving immediately. However, due to his negligence, he did not stop driving immediately and continued driving in the above condition, and at around 1:32 pm on the same day, he drove east on the road about 50 meters west of A-a-a-a-hi block J in the same town. I fell into a nap while heading west at about 50km/h to 55km/h, and around that time, on a road that was curving to the left ahead of me, I moved my car into the right-hand lane, and at the turn, I saw A, who was heading straight in the opposite direction. (65 years old at the time) collided the front of his vehicle with the front of a regular truck (light four) driven by driver A, pushed the vehicle back and caused it to collide with the guardrail, causing multiple ruptured internal organs to the driver. Passenger B (age 65 at the time) of the driving vehicle sustained injuries such as diffuse axonal damage and acute subdural hematoma, which required hospitalization for approximately 4 months or more with sequelae such as higher brain dysfunction. On the same day, at around 4:12 p.m., A died from the multiple ruptured internal organs mentioned above at a hospital in K-ku, Kyoto City.
...(Partially omitted)
Furthermore, the defendant not only stated that he had no recollection of the circumstances leading up to the accident, but also stated that he did not do so even though it was clear from the drive recorder footage that the defendant was drowsy at the time, as mentioned above. Even with this in mind, the defendant has made statements and assertions that seem to deny responsibility for negligence, and it is difficult to see whether the words of remorse expressed by the defendant and the apology he wrote in the letter to the victim are based on sincere introspection. Although there are doubts, the defendant cannot escape the prison sentence as stated above without considering this point. Therefore, taking into account that the defendant's wife and his boss at work have offered to continue supervising and employing the defendant, and that the defendant is raising three children with his wife, The defendant was sentenced to the main sentence. Therefore, he renders the judgment in accordance with the main sentence. (Punishment - 4 years in prison)