Is Tougher Punishment the Answer?... Recidivism Rate Remains Unchanged After the 'Yoon Chang-ho Act' [Drunk Driving Prevention]

②Must Move Beyond 'Punishment Only'
Last Year’s Drunk Driving Recidivism Rate 43.4%
Need to Diversify Measures Including Victim Support

As public awareness of drunk driving increases, the overall number of drunk driving accidents is gradually decreasing. Last year, the total number of drunk driving accidents was 12,452, a 20.7% decrease compared to 15,708 cases in 2019, four years earlier. During the same period, the number of drunk driving fatalities also dropped by nearly 60%, from 295 to 126.

The problem lies in the recidivism rate. The drunk driving recidivism rate, which was 43.7% in 2019, remained largely unchanged at 43.4% last year. This means that nearly half of drivers with prior drunk driving experience were caught again after drinking and getting behind the wheel.

An official from the National Police Agency stated, "Drunk driving is, above all, a crime with strong addictive characteristics," adding, "Since many people who have experienced drunk driving once cause accidents again, if we can reduce the recidivism rate, we can drastically reduce the overall number of drunk driving accidents."

Drunk Driving Recidivism Rate Stagnates in the 40% Range

So far, domestic measures against drunk driving have mainly focused on 'strengthening penalties.' A representative example is the 'Yoon Chang-ho Act,' enacted after Yoon Chang-ho, who was on military leave, was killed by a vehicle driven by a heavily intoxicated driver in Haeundae-gu, Busan, in September 2018.

The Yoon Chang-ho Act raised the blood alcohol concentration (BAC) threshold for drunk driving punishment from '0.05%' to '0.03%,' lowered the license revocation threshold for repeat offenders from '3 or more times' to '2 or more times,' and significantly increased the penalties for repeat offenses from '1 to 3 years imprisonment or a fine of 5 to 10 million KRW' to '2 to 5 years imprisonment or a fine of 10 to 20 million KRW' under the Road Traffic Act amendment.

Although the Constitutional Court later ruled some provisions unconstitutional?specifically those mandating a minimum of 2 years imprisonment and fines of at least 10 million KRW for two or more offenses?leading to some relaxation of the law, the Yoon Chang-ho Act is still regarded as the most groundbreaking legislation in increasing penalties for drunk driving recidivists.

However, even after the enactment of the Yoon Chang-ho Act, the recidivism rate showed little change. According to the National Police Agency, the drunk driving recidivism rate was 43.7% in 2019, 45.4% in 2020, 44.5% in 2021, 42.2% in 2022, and 43.4% last year, consistently remaining in the 40% range. Despite increasing the severity of punishments for repeat offenders, it did not translate into actual prevention of recidivism.

Notably, the proportion of first-time repeat offenders has significantly increased. According to a paper titled "Changes Brought by Drunk Driving Punishment Regulations Seen Through Sentencing Data," published in the recent issue of the Korean Journal of Criminal Policy by the Korea Institute of Criminology and Justice, comparing the period before the Yoon Chang-ho Act was first implemented on June 24, 2019, and the period from June 25, 2019, to November 24, 2021, before some punishment regulations were relaxed, the proportion of first-time repeat offenders among all drunk driving recidivists rose from 4.3% before the law to 44.2% after its implementation.

Experts point out that simply strengthening punishments is not the solution. They argue that it is ineffective in preventing drunk driving and may even cause side effects. Professor Lee Woong-hyuk of Konkuk University's Department of Police Science said, "The most important thing in drunk driving prevention is to induce drivers themselves to be aware of the risks, but the current policy focused on increasing penalties does not have this effect on those with drunk driving experience," adding, "Instead, drivers may become more focused on evading surveillance or using various loopholes."

"Strengthening Punishments Is Not the Answer... Solutions Must Be Diversified"

Therefore, voices are emerging that the approach to drunk driving, which has focused on strengthening punishments, should be diversified to include 'prevention' and 'victim support.' Since drunk driving accidents have devastating consequences for victim households, there is an opinion that early prevention and mandatory post-accident support for victims should be enforced.

Currently, bills such as the Korean version of the 'Bentley Law,' which requires drunk driving offenders to be responsible for the child support of victims' children, have been proposed in the National Assembly. The Bentley Law was first enacted in Tennessee, USA, in January last year, and requires offenders to pay child support until the victim's minor children turn 18 if the victim died in a drunk driving accident.

In the United States, about 20 state legislatures are considering adopting similar laws. Additionally, there are ongoing discussions about bills that would allow the public disclosure of personal information of those who cause fatal drunk driving accidents or are caught drunk driving twice within ten years after review.

Experts believe it is necessary to activate discussions on these bills currently pending in the National Assembly and to explore diverse solutions to prevent drunk driving. They argue that the punishment regulations related to drunk driving have already reached their maximum level with the enactment of the Yoon Chang-ho Act.

Professor Yoo Jung-hoon of Ajou University's Department of Transportation Systems Engineering emphasized, "Drunk driving is addictive like drugs, so in addition to strengthening punishments, there are opinions that medical approaches such as alcohol addiction treatment are necessary," adding, "Like in the United States, solutions should be diversified by strengthening sting operations and compensating victims for their economic losses."