脇見運転と「危険運転致死傷罪」

概要

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It seems to be the majority opinion in the Criminal Law Circles that any form of looking aside whiledriving cannot be punished for the reckless driving. The reason is that it is not prescribed in article 208-2.But I think that looking aside comes under the driving without ability to control a motorcar prohibited in the article. The majority opinion has made a mistake not to distinguish the criminal act from the actual examples included in the provision. The Principle of Legality covers the criminal act, not the concrete instances.