Doctor handed 5-year prison term after epileptic fit led to fatal car crash
June 27, 2017
The Tokyo District Court convicted the defendant, 55-year-old Shoichiro Kaneko, of dangerous driving resulting in death and injury under the Act on Punishment of Acts Inflicting Injury or Death on Others by Driving a Vehicle. Prosecutors had demanded that Kaneko be imprisoned for eight years.
“The scene is in a busy entertainment district, and the defendant’s driving was highly dangerous. The outcome was extremely serious,” Presiding Judge Kazunori Karei said as he handed down the ruling.
According to the ruling, Kaneko started his vehicle in an underground parking lot near JR Ikebukuro Station in the Minamiikebukuro district of Toshima Ward, Tokyo, on the night of Aug. 16, 2015, even though there was a danger that he could fall into a state of impaired consciousness caused by epilepsy. He then fatally crashed the vehicle into a woman on a sidewalk near the exit of the parking lot, and seriously injured four other pedestrians.
During the trial on charges on dangerous driving resulting in death and injury, the defense counsel for Kaneko insisted that the defendant be acquitted on the grounds that he was unable to predict that he could have an epileptic fit. This prompted Presiding Judge Karei to instruct prosecutors to additionally charge Kaneko with negligence resulting in death and injury.
However, the court pointed out that the defendant had been stricken by epileptic fits four times before, and that he had better knowledge of the disease as a medical practitioner.
Noting that the defendant had driven a car over a long distance before the accident and that he had noticed a strange sense of smell, which is a typical sign of an epileptic fit, the court concluded that the doctor was aware of the specific danger of having such a fit. The presiding judge thus ruled that the defendant’s actions constituted dangerous driving resulting in death and injury.
The father of the woman who died in the accident said, “I’d like the defendant to accept the ruling and truly reflect on his actions.”
Japan Economic Newswire
June 27, 2017
Psychiatrist gets prison term in fatal seizure-caused car crash
The court ruled that Shoichiro Kaneko, 55, charged with dangerous driving, “would have been aware of the risk of seizure occurring” prior to the incident that left a 41-year-old woman dead.
In the Aug. 16, 2015 incident, Kaneko fell unconscious as he drove out of an underground parking lot before his car plowed into pedestrians and ran across a sidewalk into a storefront.
Kaneko’s lawyer argued during his trial that he had taken prescribed medications and there was nothing that signaled a seizure could strike him.
But the court dismissed the argument, saying Kaneko drove for 147 kilometers earlier that day and should have had knowledge of a causal relationship between fatigue and seizure as a psychiatrist.
The defendant “failed to pay serious attention to the risk and did not respond correctly,” according to the ruling.