[사회][뉴스라이브] Actor Kim Sae-ron continues to drive after a drunk driving accident… What is the level of punishment?

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■ Host: Kim Seon-young, anchor Kim Dae-geun
■ Cast: Son Jeong-hye / Lawyer

* The text below may differ from the actual broadcast, so please check the broadcast for more accurate content.

[앵커]

Actor Kim Sae-ron, who appeared in the movie ‘The Mister’, was arrested yesterday morning for drunk driving. He got drunk and drove his car and crashed into nearby facilities. Even after he was arrested by the police, he is said to have refused to measure his blood alcohol level and requested a blood test. Let’s hear more details by connecting to lawyer Jung-hye Sohn’s video. Lawyer, are you with me?

[손정혜]

Hello, I am Son Jeong-hye.

[앵커]

First, let’s take a look at the situation at the time of the accident yesterday. Show me the screen. I was charged yesterday morning, and now you can see the black van in the middle. You can see how it stumbled and crashed into the structure like that. The transformer broke as it crashed into the structure.

The car’s bumper was also broken, but Lawyer Son Jeong-hye, after that accident, Kim Sae-ron was caught while escaping. They said they wanted to measure it through blood sampling. Why did you choose this way?

[손정혜]

First of all, the circumstances of drunkenness at the scene are being confirmed. In general, it is believed that blood alcohol concentration is measured more accurately by a blood test than by breathing measurement. Perhaps Kim Sae-ron claimed that he wanted an accurate test because the Widmark formula is an estimate, and some people at the scene are too drunk to control their body, or if it is difficult to measure respiration, blood is measured. It seems that an accurate examination was required because the suspicion of drinking can be applied accurately only when the measurement results are available.

[앵커]

Didn’t Kim Sae-ron hit the facility again as you saw in the video? I collided with a guard rail or a transformer. In this case, is it possible to receive aggravated punishment?

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[손정혜]

First of all, according to the Road Traffic Act, damage to other people’s property by such drunk driving is subject to a separate punishment, especially in the case of damage to public property. There is a high chance that it will go up.

In particular, it seems that the so-called “run away after damage to property” law will also apply, as not taking any action or getting off immediately after the accident, but because he was caught while running away and not taking action after the accident.

[앵커]

And if you look at what is being reported now, it is known that there was a passenger while driving. Will the passenger be punished in this case as well?

[손정혜]

The charge of aiding and abetting drunk driving can also be applied to passengers these days. In order to prove the charge of abetting, it is necessary to review various circumstances, whether or not Kim Sae-ron had a clear awareness of drunk driving at that time, and whether or not he discouraged him, but if he knew that he was by his side and abetted this, there is a possibility of punishment This is high.

[앵커]

Now, as soon as the test results come out, it is said that the charges of drunk driving and unhandled after the accident will be applied. So, could you please explain how this is different from hit and run?

[손정혜]

The so-called hit-and-run is punished more severely because it applies to cases where people run away despite human accidents or casualties. In the case of non-action after an accident, it is stipulated as a slightly lower statutory punishment than in the case of casualties because it is simple property damage or the surrounding area has to be cleaned after an accident.

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In this case, it was not simply caught drunk driving, but property damage, which resulted in business losses to nearby merchants due to power outages. Moreover, if there are points not taken after the accident, even if it is a first-time offender, there is a slight possibility that it will be probation rather than a fine. So I think we should show more reflection.

In particular, the key is depending on what the blood alcohol level is, and the blood test is expected to come out in 1-2 weeks. There seems to be a possibility that the punishment will be a little harsher.

[앵커]

As an actor who received a lot of love from the public, I wondered if there should be a story of sincere reflection on the part that gave me a deep disappointment. Let me briefly talk about the judgments in other cases. There was a trial of a man in his 20s who went to the house of a child sex offender Jo Doo-soon and hit the head with a blunt. I heard that the state of mental and physical weakness was recognized, what do you think of it?

[손정혜]

In the previous trial, since another crime was committed while there was already a probation, severe punishment is usually imposed in this case, but in consideration of various circumstances, the mitigation of mental and physical weakness was acknowledged.

Once in the court, the history of hospitalization for various psychiatric disorders was clear from the medical records, and the doctor also submitted a diagnosis of psychosis. And there was a trial before that, and considering that he admitted that he was mentally and physically weak even in the crime of trespassing, he sentenced him to 1 year and 3 months in prison, a little lower than what the prosecutor had requested.

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With the current trend, even if there is a mental illness, the mental and physical weakness is judged very strictly.

[앵커]

But this time, the part that drew attention again is private sanctions, that is, personally come forward and ask the guilt. How will the court decide in this case? I was interested in this part, and in the end I was sentenced to prison. So, private sanctions are not permitted under any circumstances.

[손정혜]

The court also made that point clear. It was decided that the evaluation and punishment of criminals should be done according to the law and the legal order. In this case, if private sanctions or private revenge are allowed, there is a serious problem with the legal order. Because various forms of illegality and crime can be rampant because of private sanctions, private sanctions cannot be allowed, but only punishment and sanctions according to the legal order other than emergency evacuation and self-defense.

[앵커]

Finally, I would like to give you a brief answer to this part. Now, even though the accused admitted the charges at the time, there was some controversy over the part that proceeded to the participatory trial. How should we view this?

[손정혜]

Usually, when a person is guilty of innocence, a public participatory trial is conducted, but the court said that it was a little thoughtful. However, this case is getting a lot of social attention, and the motive of the crime itself was low in various sentences for the sexual offense of a minor named Lee Doo-soon Jo, and there are many questions about how the motive of the crime can be considered. You may think that it was implemented to hear the opinions of the people.

[앵커]

I’ll listen here. Sohn Jung-hye was a lawyer until now. Thank you.

YTN Lee Jong-hoon (leejh0920@ytn.co.kr)

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