[Initial Report] Tragedy of a Chicken Delivery Breadwinner, Law Still Lenient on Drunk Driving

In the early morning of the 9th, in Eulwang-dong, Jung-gu, Incheon, B (54, male), who was delivering chicken on a motorcycle, was hit and killed by a Mercedes-Benz vehicle driven by A (33, female), who was intoxicated, on a two-lane one-way road. 2020.9.11 [Photo by Incheon Yeongjong Fire Station, Yonhap News]

[Asia Economy Reporter Park Hyesook] "My father never once in his life lived without working hard. He could have hired part-time workers, but since it was his own business, he took responsibility and did the delivery work himself." The daughter remembered her father, who lost his life after being hit by a drunk-driving vehicle while delivering chicken. With so many orders that he couldn't even have dinner, her father, who said he would go on the last delivery past midnight, parted from this world in vain despite living a lifetime of diligence. The daughter appealed, "My father, the youngest of seven siblings, died, and my family was ruined in an instant," and asked, "Please watch closely so that the murderer does not exploit the law to escape punishment."

In the early morning of the 9th, a man in his 50s who ran a chicken restaurant in Eulwangri, Incheon, died after being hit by a drunk-driving vehicle driving the wrong way while riding a motorcycle for delivery. The perpetrator, a woman in her 30s, was arrested on charges of causing death by dangerous driving under the so-called 'Yoon Chang-ho Act,' which strengthens punishment for fatal drunk-driving accidents, under the Act on the Aggravated Punishment of Specific Crimes.

The 40-year-old male passenger was also booked without detention on charges of aiding drunk driving and, unusually, aiding dangerous driving causing death. While aiding drunk driving usually results in a fine, if the charge of aiding dangerous driving causing death under the Yoon Chang-ho Act is applied, imprisonment is possible. The police have shown a strong will to investigate the drunk-driving fatal accident strictly.

The victim's daughter posted a petition on the Blue House National Petition Board on the 10th, urging severe punishment for the drunk-driving perpetrator, and as of the 24th, over 614,000 people have agreed, showing strong public outrage against the perpetrator. However, there remains skepticism about whether the public's sense of justice will be reflected in the trial results.

In April this year, a drunk driver who killed a man crossing a crosswalk in Geumcheon-gu, Seoul, was sentenced to four years in prison, far less than the 12 years requested by the prosecution, despite having two prior suspended sentences for drunk driving. Considerations included his remorse, old age, and spinal disability. In June, a pedestrian fatality accident in Seo-gu, Incheon, involved a drunk driver who also committed a hit-and-run but was sentenced to three years in prison. Even considering the victim's fault for walking along the central divider at night, the sentence is not light for a case under the Yoon Chang-ho Act.

Enacted in December 2018, the Yoon Chang-ho Act allows sentencing of three years or more in prison or life imprisonment for drivers causing fatal accidents. Although the sentence was significantly increased from the previous 'one year or more in prison,' heavy sentences are rarely handed down. When the National Assembly Judiciary Committee created the Yoon Chang-ho Act, it requested the judiciary to impose heavy sentences for drunk driving except in special circumstances, but current court rulings seem to prioritize 'special circumstances' over public sentiment and victims' grief, which raises concerns.

The social perception that "drunk driving is a mistake, with no intent or malice to kill" still persists. Who can definitively say that an act that takes a life and ruins a family overnight is not 'murder with implied intent'? Our society's leniency toward drunk drivers fosters habitual behavior like drug or gambling addiction and dulls awareness of the destruction of lives, both their own and others'.

Drunk driver Mr. A (center) is coming out of Incheon Jungbu Police Station to undergo a warrant hearing. 2020.9.14 [Photo by Yonhap News]

The 25th marks the day when the late Yoon Chang-ho was involved in an accident caused by a drunk driver. Yoon fell into a brain-dead state immediately after the accident and fought for over 40 days before passing away. Although he tragically lost his life, the 'Yoon Chang-ho Act' was enacted with nationwide support, and there is now a movement to further strengthen related legislation. Bills are being promoted to severely punish passengers who aid drunk driving and to disclose the personal information of habitual drunk drivers who cause death or serious injury.

When the perpetrator of the Eulwangri drunk-driving accident appeared in public for the first time ahead of the warrant hearing, netizens were outraged. Seeing the perpetrator wrapped entirely in a blanket despite wearing a padded jumper, hiding her face with a hat and mask, evoked a sense of frustration. Even among reporters at the scene, there was murmuring questioning whether the perpetrator needed to be protected to such an extent.

Disclosure of drunk drivers' personal information is expected to face challenges in the legislative process. However, it is inappropriate to prioritize the perpetrator's human rights over the pain of the victims and their families.