‘Taiwanese Student Jeong Yi-rin’s Death’ Drunk Driver Sentenced to 8 Years in Prison

1st and 2nd Trials Sentenced to 8 Years Imprisonment Then Overturned Due to 'Yoon Chang-ho Act Unconstitutionality'... Prosecution Changes Indictment
Retrial Considering "Strong Punishment Social Consensus"... Supreme Court States "No Problem with Judgment"

In November 2020, Taiwanese international 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 Heo Kyung-jun] The Supreme Court has upheld an 8-year prison sentence for a drunk driver who fatally struck Taiwanese international student the late Zheng Yilin in 2020.

The Supreme Court's Third Division (Presiding Justice Noh Jung-hee) on the 9th confirmed the original sentence of 8 years imprisonment in the appeal trial of Kim (53), who was charged with violating the Act on the Aggravated Punishment of Specific Crimes (dangerous driving causing death) and other charges.

Kim was prosecuted for fatally hitting the late Taiwanese international student Zheng Yilin, who was crossing a pedestrian crosswalk on a road in Gangnam-gu, Seoul, on November 6, 2020, while driving under the influence (blood alcohol concentration 0.079%), exceeding the speed limit, and running a red light.

During the trial, Kim pleaded for leniency, stating that the contact lenses he was wearing momentarily shifted sideways, impairing his vision, and that his eye health was poor.

The first trial court pointed out, "The defendant had been punished twice before for drunk driving but drove under the influence again," and unusually sentenced him to 8 years in prison, which was higher than the 6 years requested by the prosecution. The second trial court also dismissed Kim's appeal, stating, "The victim's family only wants strict and appropriate punishment and refuses any monetary compensation 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" is unconstitutional, declaring the Yoon Chang-ho Act partially unconstitutional, and the Supreme Court overturned the ruling. The prosecution amended the indictment in the retrial to apply the general punishment provisions.

The retrial court sentenced Kim to 8 years in prison, stating, "Drunk driving is a crime that poses a very high risk of harming not only oneself but also the lives and property of others," and "considering the social consensus demanding strong punishment."

The Supreme Court also agreed with the retrial court's judgment. The bench stated, "There is no error in the legal principle regarding the prohibition of disadvantageous changes in sentencing when the original judgment found the defendant guilty of the charges and imposed the same 8-year prison sentence as before the retrial."