"Stop the Drunken Driving Tricks"... Even if the 'Kim Hojung Act' is Made, Kim Hojung is Exempt

Prosecutors Propose New Punishment Regulations to Ministry of Justice
New Law Won't Apply Retroactively Except for Kim Ho-jung
Prosecutor General Lee Won-seok: "Will Actively Reflect in Detention Decisions"

Kim Ho-jung, a vocalist and trot singer, has been accused of using a method to "obstruct accurate alcohol measurement" after purchasing canned beer following a hit-and-run drunk driving accident. Drinking alcohol after drunk driving is referred to as the so-called "drinking method," which has been pointed out as a limitation in enforcement and punishment. As suspicions about Kim Ho-jung's use of this drinking method grew, the prosecution decided to push for the establishment of related criminal punishment regulations. Even if the so-called "Kim Ho-jung Act" is created, Kim Ho-jung will not be subject to retroactive application of the law.

On the 20th, the Supreme Prosecutors' Office requested the Ministry of Justice to establish criminal punishment provisions under the Road Traffic Act that impose imprisonment of one to five years or fines ranging from 5 million to 20 million won for "intentional drinking after an accident" to avoid punishment after causing a drunk driving accident. This is the same penalty as for refusing alcohol measurement.

The Supreme Prosecutors' Office is reportedly considering the fact that there are numerous cases where drunk drivers evade legal consequences due to the lack of proper legislative discussions in the National Assembly. Previously, in 2020, a driver who caused an accident while driving a cargo truck under the influence, fled the scene, and drank a bottle of soju was ultimately acquitted.
[Photo by Seodongmin, Asia Economy]

Earlier, on the 9th at around 11:50 p.m., Kim Ho-jung drove a car while intoxicated, caused an accident, fled the scene, and about two hours later purchased four cans of beer at a convenience store. This raised suspicions that he might later claim that any alcohol or its metabolites detected in his body were from alcohol consumed after the accident.

A representative from the Supreme Prosecutors' Office explained, "Intentional additional drinking is an attempt to nullify alcohol measurement and is effectively a refusal to undergo alcohol testing," adding, "If punishment regulations are established, it will correct the mistaken perception that 'evidence destruction can help avoid punishment' and enable proper punishment." This is interpreted as pushing for a "Kim Ho-jung Prevention Act."

Singer Kim Ho-jung, who is accused of drunk hit-and-run, was seen leaving a nightclub on the 9th and getting into a car driven by a designated driver.
[Photo by Channel A]

In particular, the Supreme Prosecutors' Office is said to have considered the fact that there are many cases where drunk drivers evade the law due to insufficient legislative discussion in the National Assembly. In 2020, a driver who caused an accident while driving a truck under the influence, fled the scene, and drank a bottle of soju was acquitted. At that time, the Supreme Court stated, "Allowing drunk drivers to evade criminal punishment is undesirable in terms of the concept of justice, public consensus, and the flow of the times," but also said, "In the current situation without legislative measures, we have no choice but to judge by respecting the principle of legality and other criminal law principles."

Prosecutor General Lee Won-seok has instructed frontline prosecutors to classify "driver substitution" as obstruction of justice. From the investigation stage, it should be considered grounds for detention, and at the trial stage, actively reflected in sentencing and appeals. This measure was taken considering that Kim Ho-jung's manager falsely confessed to the police immediately after the accident. The Supreme Prosecutors' Office regards intentional drinking after an accident, driver substitution, active, organized, and planned false testimony, evidence fabrication, destruction, and disposal as all constituting obstruction of justice.

According to the Supreme Prosecutors' Office, Japan introduced a similar criminal punishment provision called "Negligent Driving Causing Death or Injury with Alcohol Influence Evasion" in 2013, and Canada also determines drunk driving based on "blood alcohol concentration within two hours after stopping driving," introducing criminal punishment for additional drinking. However, even if a regulation punishing "additional drinking after a drunk driving traffic accident" is established, it cannot be applied to Kim Ho-jung due to the principle of non-retroactivity.