[알고보니] “Unconstitutional” Yoon Chang-ho Act… Will punishment for habitual drunk driving weaken?

◀ reporter ▶

I know it starts.

Yoon Chang-ho, who died in a drunk driving accident in 2018, was created to strengthen the punishment standards for drunk drivers.

However, a recent decision was made unconstitutional with respect to the provision of the law, “The punishment for drunk driving should be strengthened from the second drunk driving.”

Since then, there is an atmosphere of cheering that individuals who have been severely punished under the Yoon Chang-ho Act will receive a weaker punishment.

I wondered if that would really happen.

This is an internet cafe where you can discuss what to do after being caught drunk driving.

Posts have increased significantly since the decision was made unconstitutional.

There are also articles full of hope that the punishment will be weaker, whether the drunk driving trial has been postponed and whether I can receive benefits after receiving probation for three drunk driving offenses.

Here, congratulations and good luck comments are lined up.

This is the reason why they have high expectations.

This is because the effect of the Road Traffic Act, which stipulated that those who drink and drive twice or more, shall be punished by imprisonment for not less than 2 years and not more than 5 years, or a fine of not less than 10 million won and not more than 20 million won, have been suspended.

Therefore, there is a high possibility that the punishment will be weakened for habitual drunk drivers who are currently under investigation for drunk driving or are undergoing trial.

Because of this, it was predicted that singer Noel, the son of Rep. Jang Je-won, who refused to drive and drink alcohol, would also benefit.

Those who received a final judgment under the Yoon Chang-ho Act are also expected to file a request for a retrial.

[승재현/한국형사법무정책연구원 연구위원]

“(Aggravated punishment) That provision will be withdrawn and there will not be a level of drunk driving that the person originally committed. We will change the indictment based on that number…”

However, we found out that the removal of the aggravated punishment clause does not necessarily mean that the punishment will be weakened.

Administrative measures such as license suspension or revocation remain the same, and in the case of a recidivism of drunk driving, the court can impose a sentence close to the upper limit if it wishes, even within the scope permitted by the existing general regulations.

[최대근/경찰청 교통안전계장]

“Because it is stipulated in this way for more than a few years and less than a few years, there may be no difference (from the Yun Chang-ho Act) in the occurrence of the older brother in the overlapping part.”

In the case of singer Noel, the Supreme Prosecutor’s Office said that even if the existing law was applied, he would be subject to aggravated punishment because he refused to take a breathalyzer while driving under the influence of alcohol.

Moreover, recently, even if there is no direct casualty, there is an atmosphere where the prosecution is seeking a prison sentence from the first drunk driving offense.

The prosecution and police plan to strengthen crackdowns and strictly enforce general regulations until the Yoon Chang-ho Act is supplemented.

However, considering that the average sentence for drunk driving fatalities before the enforcement of the Yoon Chang-ho Act was only one year and six months in prison, it seems that the National Assembly should keep in mind that the legislative vacuum cannot be neglected.

I knew it was.

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