Abstract
In recent years, there have been remarkable advances in vehicle steering stability technology, and many high-performance vehicles have been developed that even amateur drivers can easily drive at high velocity. However, some users who have got high-performance vehicles, in order to enjoy the high performance of their vehicles, drive at velocity significantly above the velocity limit on public roads, which sometimes results in tragic fatal accidents, and this has become a social problem. In order to impose stricter penalties on traffic accidents caused by malicious driving, a new crime called dangerous driving resulting in death or injury was created in the 2001 amendment to the Penal Code. However, under the current crime of dangerous driving resulting in death or injury, there are many cases in which this penalty is not applied, even if the accident occurred at a velocity significantly above the velocity limit, if the court determines that "it was not difficult to control the driving." This court's decision has also been criticized as being "far removed from common sense among the public." In response to this, the Ministry of Justice established a study group in February 2024 to discuss revising the requirements for applying the crime of dangerous driving resulting in death or injury, and compiled a draft report in November. The draft report stated that "any velocity above a certain level should be subject to uniform punishment. Excessive velocity that make it impossible to avoid danger, such as velocity 2.0 or 1.5 times the maximum velocity, would be considered." In a collision accident, the velocity at which the accident occurs is an important factor that determines the degree of human injury, such as the possibility of fatal or serious injury of vehicle occupants or pedestrians. In this study, the author attempted to derive an approximate equation for the relationship between vehicle velocity and the fatal or serious injury rate by traffic accident statistics data analysis, and to clarify the dangers of accidents that occur at velocity significantly exceeding the velocity limit.
