Drunk Driving on the Rise Again... Suspended Sentences for Fatal Accidents
Japan Raises Blood Alcohol Concentration Limits and Strengthens Punishments
US Enforces 'Zero Tolerance' for Teens and Truck Drivers... Insurance Premiums Increased by 159%
Korea Imposes Only Around 15% Surcharge Even After Second Offense
There are criticisms that the domestic drunk driving deterrence system is insufficient compared to those in the United States and Japan. Compared to the two countries where penalties have been strengthened, South Korea only imposes simple probation, and the insurance premium surcharge rate is also low, around 15%.
On the 4th, the Korea Insurance Research Institute released a report titled "Cases and Implications of Drunk Driving Deterrence in Japan and the United States." According to the report, drunk driving accidents in South Korea decreased compared to before 2019 but have been increasing again since last year.
Drunk Driving Increasing Again... Low Expected Costs Lower Awareness
According to the National Police Agency, drunk driving traffic accidents decreased from 29,093 cases in 2012 (815 deaths, 52,345 injuries) to 14,894 cases in 2021 (206 deaths, 23,653 injuries). However, in 2022, the number of cases increased to 15,059 (214 deaths, 24,261 injuries), with increases in cases, deaths, and injuries. In particular, daytime drunk driving accidents up to April 7 this year reportedly more than doubled compared to the same period last year.
Although the absolute numbers of drunk driving traffic accidents, deaths, and injuries have decreased, they remain relatively high compared to countries like Japan and Germany. Especially, the ratio of drunk driving deaths to total traffic accident deaths was 8.8% (as of 2019), second highest after the UK (12.0%). The ratio of drunk driving deaths per 1,000 population (0.57%) and per 1,000 registered vehicles (1.27%) are also at the highest levels.
Although the number of drunk driving deaths and injuries has decreased, the number of detections has increased since 2020. According to the National Police Agency, the number of drunk driving detections increased by 17.0% for first-time offenders, 8.5% for second-time offenders, and 4.7% for those caught three or more times compared to 2021.
Academics point to the relatively low expected cost of drunk driving as a cause. The perception that drunk driving is not a significant loss is cited as the reason. The report pointed out that various expected costs such as penalties for drunk driving detection are lower than in other countries, resulting in high social costs.
In South Korea, most drunk driving fatal and injury accidents result in probation or fines. There are cases where probation is given even when a repeat offender causes a fatal drunk driving accident. The insurance premium surcharge is also minimal. For a first drunk driving detection, the increase is only about 9%, and about 15% for a second detection. In contrast, Japan and the United States have strengthened drunk driving penalties by tightening blood alcohol concentration (BAC) standards, increasing fines, and strengthening sentencing guidelines. As expected costs rose, drunk driving accidents decreased, showing a contrasting trend.
Japan Raises Standards and Strengthens Penalties... Drunk Driving at 0.03% BAC
In Japan, drunk driving decreased after the 2001 revision of the Penal Code and the 2002 strengthening of BAC standards. The maximum sentence for fatal drunk driving accidents was increased from 5 to 15 years, and traffic accident fines were raised sixfold. The BAC threshold for penalties was also strengthened from 0.05% to 0.03%. Additionally, if the alcohol concentration during breath measurement is 0.15 mg per liter or higher, it is considered drunk driving. For 0.15 to less than 0.25 mg/L, imprisonment of up to 3 years or a fine of less than 500,000 yen, and a 90-day license suspension are imposed. For 0.25 mg/L or higher, imprisonment of up to 5 years or a fine of up to 1,000,000 yen and a 2-year license suspension are imposed. Those who provide alcohol or passengers are also subject to imprisonment or fines.
Since the law revision, Japan's fatal drunk driving accidents decreased from 1,276 cases in 2000 to 258 in 2012 and 120 in 2022. The proportion of drunk driving deaths to total fatal accidents fell from 5.8% in 2012 to 4.6% in 2022.
Zero Tolerance Principle in the U.S.... Insurance Premiums Increased by up to 159%
The United States has achieved similar effects. The legal drinking age was raised to 21 with the enactment of the National Minimum Drinking Age Act in 1984, which has been adopted and enforced by all states since 1988. As a result, the proportion of drunk driving deaths among traffic accident fatalities dropped from 41% in 1985 to 32% in 1995 and 28% in 2019.
In Utah, the BAC standard was recently lowered from 0.08% to 0.05%. Subsequently, the number of drunk driving traffic accident deaths decreased by 20% over 12 months. Between 1993 and 1994, six states strengthened the BAC standard from 0.10% to 0.08%, resulting in a drop of more than 6 percentage points in the proportion of drunk driving deaths among traffic fatalities. This year, all states except Utah have set the BAC standard at 0.08%. For teenage drivers and commercial truck drivers, a zero-tolerance level of 0.02% is applied. In New York State, penalties are increased if a person is caught drunk driving twice or more, even without casualties. If there are casualties, a maximum sentence of 15 years imprisonment can be imposed.
In particular, the U.S. imposes high insurance premium surcharges ranging from 28% to 159% for those with drunk driving records, not only judicially but also in auto insurance. Jeon Yong-sik, senior research fellow at the Korea Insurance Research Institute, said, "Drunk driving accidents have been increasing again recently, and considering the cases of the U.S. and Japan, it is necessary to raise various expected costs related to drunk driving above the current level," adding, "Penalties for drunk driving accidents should be increased, and auto insurance premium surcharges should be raised."
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