'Taiwanese Student Late Jeong I-rin's Death' Drunk Driver Sentenced to 8 Years in Retrial

In November 2020, Taiwanese exchange student the late Jeong Yi-rin, who died at a crosswalk in Gangnam-gu, Seoul due to a drunk driving vehicle / Photo by Jeong Yi-rin's family and friends

[Asia Economy Reporter Kim Daehyun] The drunk driver who fatally struck and killed Taiwanese student Zheng Yilin (28) in 2020 was sentenced to 8 years in prison in the retrial, the same as in the first and second trials. The sentence was maintained despite the Constitutional Court ruling the habitual drunk driving aggravation clause (Yoon Chang-ho Act) unconstitutional.

On the morning of the 29th, the Seoul Central District Court Criminal Appeal Division 4-3 (Presiding Judges Cha Eun-kyung, Yang Ji-jung, Jeon Yeon-sook) handed down this sentence in the retrial of Kim (53, male), who was charged with causing death by dangerous driving under the Specific Crimes Aggravated Punishment Act and violating the Road Traffic Act due to drunk driving.

The court stated, "Drunk driving is a crime that poses a very high risk of infringing on not only one's own life and property but also those of others," and added, "We primarily considered the social consensus demanding strong punishment."

Earlier, Mr. A was prosecuted for causing the death of Taiwanese student Zheng Yilin by hitting her while driving under the influence (blood alcohol concentration 0.079%) on November 6, 2020. He exceeded the speed limit and violated a traffic signal while she was crossing a crosswalk on a road in Gangnam-gu, Seoul. The case became widely known after the victim's family petitioned the Blue House to strengthen drunk driving penalties, which was reported by Taiwanese media.

During the trial, Mr. A appealed for leniency, claiming that the contact lenses he was wearing momentarily shifted sideways, impairing his vision, and that his eye health was poor.

The first trial pointed out, "The defendant was punished twice before for drunk driving but drove under the influence again," and unusually sentenced him to a heavier penalty than the prosecution's request of 6 years in prison. The second trial also dismissed Mr. A's appeal, stating, "The victim's family only wants strict and appropriate punishment and does not seek any money or apology. There has been no change in the sentencing conditions that would warrant altering the original sentence."

Subsequently, the Constitutional Court ruled that the part of Article 148-2, Paragraph 1 of the Road Traffic Act concerning "persons who have violated Article 44, Paragraph 1 (prohibition of drunk driving) two or more times" was unconstitutional, declaring the Yoon Chang-ho Act partially unconstitutional, and this case's ruling was overturned. The prosecution amended the indictment in the retrial to apply the general punishment provisions.

The victim's side said immediately after the verdict, "The bereaved family was anxious that the sentence might be reduced," and "(The family) expressed that they welcome justice ultimately being served."