Abstract
We investigated real data regarding vehicle collisions resulting from sleep disorders and the criminal liability of drivers after the implementation of the “Act on Punishment of Acts Inflicting Death or Injury on Others by Driving a Motor Vehicle, etc”. Moreover, circumstances of the cases before and after the implementation of the new law were compared. Cases involving nine professional drivers were examined, and seven of them had been affected by sleep apnea syndrome （SAS）. It also transpired that idiopathic hypersomnia and circadian rhythm sleep disorder were prevalent. Five of the drivers were found guilty of “Negligent Driving Causing Death or Injury”, one was not accused, and the outcome of two of the cases following the drivers’ arrests is unknown. None of the cases in question were prosecuted for “Dangerous Driving Causing Death or Injury”, even after the new law came into force. The final case was a single-vehicle collision. It may be that it is difficult to establish the exact cause of sleepiness to determine whether dangerous driving was intentional, and whether there is a causal connection between the collision and a sleep disorder. Although screening tests for SAS have been implemented by the transport industry in recent years, post-test follow-ups were insufficient. It is necessary to increase activities that will raise awareness of the need to develop a strategy for managing sleep disorders.
