The Constitutional Court has ruled that some provisions of the so-called ‘Yun Chang-ho Act’, which punishes repeated drunk driving more severely, are ‘unconstitutional’.
The purpose is that it is excessive to uniformly aggravate punishment for drunk driving more than two times without considering the crime.
Correspondent Woo Cheol-hee.
In September 2018, in Haeundae, Busan, 22-year-old soldier Yoon Chang-ho, who dreamed of becoming a prosecutor, was hit by a drunk-driving car and eventually lost his life.
Since then, the desperate appeal of Yoon’s friends and family that drunk driving should be eradicated has continued.
[윤기현 / 故 윤창호 씨 아버지 : 이제는 정말 우리 창호 같은 불행한 일은 다시는 있어선 안 됩니다. 죽음이 헛되지 않도록 많은 분들이 늘 가슴에 기리면서 꼭 ‘윤창호법’ 국회 본회의에서 원안 그대로….]
As the national consensus put strong pressure on the politicians, the National Assembly passed the so-called ‘Yun Chang-ho Act’ in the same year, which strengthened the penalties for drunk driving.
A person who causes death by drunk driving shall be severely punished with imprisonment of one year or more, at least three years, and a maximum of life imprisonment;
If three or more drunk driving offenses were previously found, the standard of heavier punishment was lowered to two or more, and the sentence was also raised.
However, people who are being tried with the provisions of the Road Traffic Act that aggravate the punishment of drunk driving more than twice have filed a constitutional complaint with the Constitutional Court on the grounds that the trial courts violated the principle of insolence and excessive prohibition.
The conclusion of the Constitutional Court was that it was in violation of the Constitution, in the opinion of the judges 7-2.
The Constitutional Court said that there is no case of aggravating the punishment of subsequent crimes indefinitely without any time limit because of past crimes.
Considering the level of blood alcohol level and the type of vehicle driven, he said that uniformly aggravated punishment for recidivism, which is relatively light, is excessive.
However, there were also a small number of opinions that there is a reasonable reason for aggravated punishment of drunk driving more than twice because of the fact that repeated drunk driving is highly reproachable.
This is the first time that the Constitutional Court has judged whether the provisions of the Yun Chang-ho Act are unconstitutional.
However, it is expected that criticism that a significant number of people who demand severe punishment for drunk driving is far from the law will follow,
The National Assembly is expected to start the subsequent legislative work to set detailed standards, etc.
This is YTN Woo Cheol-hee.
YTN Woo Chul-hee ([email protected])
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