School Zone Drunk Driving Accidents Persist
Yanghyeongwi Revises to Maximum 26-Year Imprisonment for Offenders
Recently, a series of drunk driving traffic accidents have occurred in school zones, causing great concern. In response, the Sentencing Commission has established new sentencing guidelines for child traffic accidents and drunk or unlicensed driving.
Sentencing Commission Revises Guidelines: "Maximum Imprisonment of 26 Years"
On the 24th, the Sentencing Commission under the Supreme Court held its 123rd plenary meeting to deliberate and approve revised sentencing guidelines for traffic crimes. The revised guidelines include the addition of sentencing standards for child fatalities and injuries in school zones, as well as for drunk and unlicensed driving.
Previously, there were no sentencing guidelines for child traffic accidents, but these have now been newly established through this meeting. If the injury is minor, the offender may be fined between 3 million and 15 million KRW. If serious injury occurs or if reckless driving is involved, the sentence can be increased to imprisonment from 2 to 5 years. In the case of a fatal accident, the maximum sentence can be up to 8 years in prison.
Sentencing guidelines for drunk and unlicensed driving have also been newly established. For drunk driving, if aggravating factors are present, imprisonment from 2 years and 6 months to 4 years can be imposed. Unlicensed driving can result in imprisonment for up to 10 months.
According to the approved revised sentencing guidelines for traffic crimes, if a child dies due to drunk driving with a blood alcohol concentration of 0.2% or higher in a school zone, the offender can be sentenced to up to 15 years in prison. If the offender flees the scene after the fatal accident, the sentence can be increased to a maximum of 26 years in prison.
Sentencing guidelines serve as recommendations for judges when determining sentences and are not legally binding. However, if a judge issues a sentence that deviates from the guidelines, the reasons must be stated in the judgment.
The revised sentencing guidelines will be applied to cases prosecuted from July 1 of this year.
The scene from the 122nd Sentencing Commission meeting held on February 13 [Photo source=Sentencing Commission website]
Meanwhile, in December last year, Lee Dong-won, a student leaving an elementary school in Cheongdam-dong, Gangnam-gu after after-school classes, was hit and killed by a vehicle driven by a drunk driver identified as A. On the 8th of this month, in Tanbang-dong, Seo-gu, Daejeon, four children were struck by a passenger car driven by B, who was heavily intoxicated. Among them, Bae Seung-ah died, and three others received hospital treatment.
Despite the repeated drunk driving accidents in school zones, drivers’ awareness has not easily improved. Calls for institutional reform have gained momentum, arguing that "the problem lies in the leniency of punishments for offenders."
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