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□ Date and time of transmission: September 16, 2020 (Wednesday)
□ Interpreter: Attorney Kyungil Jeong
Kyung-il Jeong Traffic Attorney
-Driving while intoxicated in Eulwang-ri, violating the crime of inaction after an accident
-The provision of vehicles and assistance with driving while intoxicated is also established.
-Not all are subject to the Yun Chang-ho Law, but this case is subject to
-Collapsed lamppost and dead pedestrian, the driver is responsible
* The text below may differ from the actual content of the stream, so please check the stream for more accurate information.
◇ Anchor Hwang Bo-seon (hereinafter referred to as Hwang Bo-seon): Following the crown crisis, large-scale drunk driving catastrophes have recently attracted social attention. In particular, even though the Yoon Chang-ho Law, which strengthened the punishment for deaths from drinking alcohol, is in effect, the incident continues and adds to their regret. Lawyer Jeong Kyung-il, a traffic accident specialist, is on the phone. Hello?
◆ Lawyer Kyungil Jung (hereinafter Kyungil Jung): Yes, hello.
◇ Hwang Bo-seon: First, let’s start with Eulwang-ri’s drinking accident.
◆ Kyung-Il Jung: In this case, it is the story of a Mercedes driver who was killed by a 50-year-old father who delivered chicken while driving while drunk. More than anything, the attitude of the perpetrator in this case caused public resentment. You can see that this is not just a sentencing issue, but a new offense.
◇ Hwang Bo-seon: What are you talking about?
◆ Jeong Gyeong-il: If you say you ran away from the crash site, you will be punished because the driver of the offending vehicle is considered hit and run under the Special Law, but this case is not hit and run under the Special Law. However, necessary actions after the accident. I had to report to the police, try to prevent secondary accidents and rescue victims, but I did nothing. He appears to have violated the crime of not acting against the traffic accident law. You are subject to aggravated punishment for competing for the fatal drunk driving accident portion and for failing to take action. The police should also investigate immobility crimes after the accident.
◇ Hwang Bo-sun: So in the event of an accident like this, wouldn’t it be correct to take relief measures for the injured first? This is bad.
◆ Jeong Gyeong-il: Yes, it’s true.
◇ Bosun Hwang: Wasn’t an arrest warrant issued?
◆ Jeong Gyeong-il: Yes, it’s true. In general, the government has said in the past that if the victim died in a traffic accident, the current criminal will be arrested and investigated in principle. Consequently, it appears to be a reasonable step. Rather, so far, there have been many cases where it has become a problem because the arrest investigation has not been carried out.
◇ Hwang Bo-seon: But the passenger who was in the passenger seat is also talking about that now.
◆ Jeong Gyeong-il: Yes, it’s true. In general, drunk driving assistance does not apply to mere escort, but if this is true, the establishment of drunk driving assistance does not appear to be a problem because this passenger provided the vehicle and even accompanied it .
◇ Hwang Bo-seon: Yes, it is clear that the aid is established. So what is the sentence in this case?
◆ Jeong Gyeong-il: I am very generous when an investigative agency or court sentences me to help drunk driving. Usually, even if you see the court sentence first, the main offender’s sentence is cut in half. The driver’s blood alcohol concentration was not stated precisely, but if it is based on 0.1%, it is a prison sentence of no more than 1 year in June, or a fine of 2.5 million to 5 million won in June, which is less than this when actually convicted. Most of them are sentenced to fines, and if they are severe, they are sentenced to probation. If you follow these court precedents, there is a high possibility that you will be sentenced to probation in this case for assisting while driving while intoxicated. However, apart from this part, the passenger can fully predict that the driver is driving dangerously and can be said to have assisted. Furthermore, since death can be predicted in this way, it seems necessary to provide assistance for dangerous driving and fatality.
◇ Hwang Bo-seon: If so, of course, the Yoon Chang-ho Law applies, right?
◆ Jeong Gyeong-il: Yes, not all drunk driving deaths are subject to the Yoon Chang-ho Law, but this case is applicable. The blood alcohol concentration is found to be above 0.1%, so if you are intoxicated and in such a state that it is difficult for you to drive normally, the Yoon Chang-ho Law, that is, dangerous driving, applies. The penalty established by law is life imprisonment, or up to 3 to 30 years in prison, but the sentence criterion referred to when the court is sentenced is only 4 to 8 years, even for aggravated causes. It has been reduced considerably. After all, the Supreme Court’s sentencing rules have been in effect since July. Before that, the punishment was even weaker. Before the application of the Yoon Chang-ho Law, it was only two or three years after the implementation of the Yoon Chang-ho Law, that it was probation if agreed, and even if the sentence was imprisoned if it was not reached the agreement. In the case of death, if you look at the actual court ruling, you have been sentenced to 3-4 years, and in many cases, if you agreed, you were sentenced to probation.
◇ Hwang Bo-seon: But there was another unfortunate accident. Does he look like a driver who drank during the day?
◆ Jeong Gyeong-il: Yes, it’s true. On September 6, around 3:30 p.m., a drunk driver hit a traffic light while driving while driving drunk near Seodaemun-gu, Seoul, and a traffic light struck a 6-year-old boy and he died. Rather, there was such a ridiculous accident. The perpetrator is said to be currently under arrest for a dangerous driving fatality.
◇ Hwang Bo-seon: But didn’t you turn on the traffic light like you said now? I didn’t hit him. Can the Yoon Chang-ho method be applied even in this case?
◆ Jeong Gyeong-il: It is natural for lethal dangerous driving to develop when a driver hits a person. Even if the driver indirectly hits a streetlight, the driver is liable for death because it is predictable enough to cause the death of a pedestrian if the streetlight collapses. Because this is not intentional for the murder. Even if you are responsible for the accident and have not received a direct discharge, the indirect discharge will be considered for the sentence and will have no effect on the guilty death judgment. In this case, too, the driver is in a state of intoxication, in a state in which normal driving is difficult, a traffic accident occurs and a person dies. This is the case with the Yoon Chang-ho Law and death from dangerous driving.
◇ Hwang Bo-seon: Yes, turn on the streetlight, but you can apply the Yoon Chang-ho method. I heard you today. Thank you.
◆ Jeong Gyeong-il: Yes, thank you.
◇ Hwang Bo-seon: Until now, Jung Kyung-il was a traffic accident lawyer.
