Fairness of crime and punishment

You are driving along at 15 km/h over the posted speed limit. A child runs out in front of you. You slam on the brakes, too late. You're sent to jail for vehicular manslaughter, 40 years.

Same situation, except this time the child happens to bounce off your bonnet and only suffers a graze and slight bruising. You get $500 in fines and mandatory community service.


My question: Shouldn't the punishment be equal for both scenarios?
It just seems to be that if two cars are drag racing, and one kills a bystander, both should get the same punishment. Is this wrong? Is my logic fundamentally flawed? Am I not putting into perspective the end result of a human life being lost? I dunno.
I'd like to hear other peoples opinions.

If no alcohol was involved the first penalty is too high, save the 40 years for the real murderers.

2 year and a big fine like 5K is enough if it was an accident and will make sure it does never happen again.

The second example has a too light penalty, I would say a half to 1 year without license.

1500 to 2000 fines and/or half a year cell.

and in the case of two cars racing I agree for same penalties since it is "an accessory to" case.

jut my opinion.

I mean, two people did the exact same thing, except in one case something awful didn't happen. Why are they not punished to the same degree? Because the awful thing didn't happen?
I strongly suspect most people would find my thinking laughable, but I think the punishment should be the same.

I can't agree with you that two people did the same thing, although no malice was intended, harm to a human being was done (death?). It is unfortunate that one car, in the drag race, hit the person, but both of the drivers were taking the same risks, if both of them had hit the person, they would have all been dead, and most of all they are subject to the jurisprudence of the court and judge who follows community standards and not his own most of the time. That is what sucks about that.