A series of drunk driving accidents... ‘dangerous driving causing death’ could result in increased punishment

The number of traffic accidents, which had slowed down since the implementation of the so-called 'Yoon Chang-ho Act', which strengthens punishment for fatal accidents caused by drunk driving, has recently been increasing again. According to the National Police Agency, the number of deaths due to drunk driving accidents last year was 287, a decrease of 2.7% from a year ago (295 people), but the number of drunk driving accidents and injuries increased by nearly 10%. In addition, concerns are raised that drunk driving during daytime hours may increase due to the daytime drinking culture caused by social distancing due to COVID-19.

The current Road Traffic Act defines drunk driving when the driver's blood alcohol concentration is 0.03% or more. If caught twice or more, it is stipulated that a person will be sentenced to imprisonment for not less than 2 years but not more than 5 years, or a fine of not less than 10 million won but not more than 20 million won. If casualties occur in a traffic accident, you may be subject to aggravated punishment for causing death by dangerous driving.

Dangerous driving fatality occurs when a driver causes a fatal accident while driving in a state where normal driving is difficult. Unlike general drunk driving, the charge of causing death by dangerous driving is not based solely on the blood alcohol level, but comprehensively considers the driver's speech and actions, walking condition, complexion, and abnormal driving. This means that even if your blood alcohol level is low, you can be charged if you are unable to drive normally.

Attorney Shim Jae-guk (Daeryun Law Firm) said, "With the revision of the Special Price Act, the statutory penalty for causing death by dangerous driving has been raised. Heavier punishment can be imposed compared to simple drunk driving. If the victim is injured, he or she will be sentenced to between 1 and 15 years in prison or a fine of 10 million to 30 million won. If death occurs, life imprisonment or 3 years or more in prison without a fine may be imposed, so depending on the situation, assistance from a lawyer is inevitable. “It is,” he said.

He said that this was a case in which a person who was accused of violating the Road Traffic Act and causing injury by dangerous driving was found not guilty. He said, "As drunk driving is a serious crime, assistance should be provided according to the characteristics of the case based on precedents and legal knowledge."

Experts commonly explain that when a legal dispute arises due to a traffic accident caused by drunk driving, it is important to secure evidence such as CCTV, black box video, and witnesses that can confirm the circumstances at the time. Attorney Shim added, “Drunk driving is a serious accident that can take the lives of others in an instant, so we need to make legal judgments and deal with it carefully from the early stage.”

Daeryun Law Firm, which provided advice, operates its own criminal center centered around former chief prosecutors and criminal defense attorneys. There are offices nationwide, including in Seoul, Incheon, Busan, Jinju, Chuncheon, and Jeju.

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