Second Trial Alters Charges Against 'Drunk' Mercedes Driver Who Hit Worker... Yoon Chang-ho Act Charges Removed

[Asia Economy Reporter Lee Jung-yoon] A driver who caused the death of a day laborer while driving a Mercedes-Benz vehicle under the influence of alcohol avoided the application of the Yoon Chang-ho Act in the second trial.

The Seoul Eastern District Court Criminal Appeal Division 3 (Presiding Judge Kim Chun-ho) on the 19th approved the deletion of the Yoon Chang-ho Act charges, which were ruled unconstitutional, during the first appeal trial of Kwon (31), who was indicted on charges including reckless driving causing death under the Act on the Aggravated Punishment of Specific Crimes and violations of the Road Traffic Act.

Previously, in November last year, the Constitutional Court ruled some provisions of the so-called 'Yoon Chang-ho Act,' which imposed aggravated punishment for drunk driving without any time limitation on prior drunk driving offenses, as unconstitutional, stating that all criminal records cannot be treated equally without temporal restrictions. Kwon, who had received a summary order of a 4 million won fine in August 2020 for drunk driving, was subject to the relevant provisions in the first trial, but the indictment had to be amended following the Constitutional Court's ruling.

On this day, the court permitted the deletion of Article 148-2, Paragraph 1 of the Road Traffic Act from Kwon's indictment charges and changed it to Article 148-2, Paragraph 3, Subparagraph 2. The newly applied provision reflects the increased sentencing based on the blood alcohol concentration measured at the time of the crime.

Kwon's defense attorney stated, "The defendant admits his guilt and sincerely regrets the pain suffered by the bereaved family," adding, "He appealed to seek an opportunity for forgiveness from the victim's family." However, the victim's daughter, given the chance to speak from the gallery, said, "The direct victim is my father," and "It will be difficult for me to forgive." The bereaved family submitted a petition for severe punishment against the defendant on the 5th.

Kwon was tried on charges of driving his Mercedes-Benz vehicle at 148 km/h in a state of severe intoxication in the early morning of May 24 last year, hitting and killing a worker performing road work, and was sentenced to seven years in prison in the first trial.