Drunk Driving Fatal Accident in 'School Zone'... Possible Sentence Up to 26 Years Imprisonment

Drunk Driving in School Zone 'Hit-and-Run Death'... Up to 23 Years Imprisonment
Drunk Driving in School Zone 'Injury'... Up to 10 Years and 6 Months Imprisonment

If a driver with a blood alcohol concentration of 0.2% or higher causes a traffic accident in a children's protection zone (school zone) resulting in the death of a child and then flees or abandons the body, they can be sentenced to up to 26 years in prison.

The Supreme Court Sentencing Commission (Chairperson Kim Young-ran) announced on the 25th that it has approved revised sentencing guidelines for traffic crimes containing these provisions.

When a child is injured in a traffic accident in a school zone, if there are mitigating circumstances, a fine ranging from 3 million to 15 million won can be imposed, and if there are aggravating factors, the recommended sentence has increased to imprisonment from 6 months to 5 years. In cases where a child dies, if mitigating factors apply, a sentence of 1 year and 6 months to 3 years in prison can be imposed, and if there are aggravating circumstances, imprisonment from 4 to 8 years can be sentenced.

However, if a traffic accident occurs in a school zone while driving under the influence, the sentence is more than doubled. If a child is injured in a traffic accident in a school zone while driving with a blood alcohol concentration of 0.2% or higher, the maximum sentence can be up to 10 years and 6 months in prison. If a child dies, a severe sentence of up to 15 years in prison can be imposed.

If the driver flees after causing an accident in a school zone while driving under the influence, the sentence can be significantly increased to up to 26 years in prison. This involves three combined crimes: driving under the influence with a blood alcohol concentration of 0.2% or higher, causing a traffic accident in a school zone resulting in the death of a child, and then abandoning the body and fleeing. In such cases, the maximum sentence can be up to 26 years in prison. If the driver causes a fatal traffic accident involving a child and flees, the maximum sentence can be up to 23 years in prison.

Furthermore, sentences for drunk driving and unlicensed driving have also been significantly increased. For unlicensed driving, the maximum sentence is 6 to 10 months in prison, and for driving with a blood alcohol concentration of 0.2% or higher, imprisonment from 2 years and 6 months to 4 years can be imposed. Refusal to undergo a breathalyzer test can result in a sentence of up to 1 year and 6 months to 4 years in prison.

The Sentencing Commission decided to apply the revised sentencing guidelines for traffic crimes to cases prosecuted from July 1 of this year onward.