When you point your car at a wall and drive into that wall you ALSO cannot argue for 0 max danger of death for an innocent bystander.
But the probability of a person dying is so low we know there is no danger for murder or death at all. It's just really stupid.
Of course there needs to be consequences. A loss of pilots license and a huge ass fine. Jail time is crazy. You know how jail will ruin a person's entire life right? Even a month of jail time is in certain ways hangs on your record like a life sentence. It's too much.