Han Moon-cheol: "Even if 9 people die, the offending driver gets up to 5 years... Sentencing guidelines need review" sharp criticism

"A Situation Requiring Either Amendments to the Criminal Law or the Creation of Special Legislation"

In the wake of a tragic accident near Seoul City Hall Station where nine people lost their lives due to a wrong-way driving incident, attorney Han Moon-cheol delivered a sharp critique regarding the severity of the punishment.

[Image source=YouTube 'Han Moon-cheol TV' capture]

On the 4th, attorney Han Moon-cheol stated on his YouTube channel 'Han Moon-cheol TV' that "even if multiple victims occur, the maximum sentence is five years in prison," and pointed out that "in the case of a major disaster, there is a need to increase the sentencing." He explained, "If the cause of the accident is concluded to be the driver's fault rather than sudden unintended acceleration, the driver will be sentenced to imprisonment of up to five years," adding, "If all bereaved families reach an amicable settlement, a suspended sentence might be possible in the appellate court, but it is not easy."

Attorney Han further said, "There is no way to impose a harsher sentence than this," but also noted, "Special laws like the so-called 'Yoon Chang-ho Act' or 'Min-sik Act' need to be enacted, or the criminal law needs to be amended, but changing the law is not easy." The legal basis for attorney Han's assertion that the maximum imprisonment for the offending driver, Mr. A, is five years is Article 3, Paragraph 1 of the Special Act on the Treatment of Traffic Accidents. This provision states, "If the driver of a vehicle commits a crime under Article 268 of the Criminal Act due to a traffic accident, they shall be punished by imprisonment for not more than five years or a fine not exceeding 20 million won."

Attorney Han also addressed the misconception that "since nine people died in the City Hall Station accident, one might think that the sentences would add up to 45 years by giving five years for each victim." However, he cited Article 40 of the Criminal Act, explaining, "When one act corresponds to multiple crimes, the punishment shall be imposed according to the most serious crime," and clarified, "According to this principle, the imprisonment can only be up to five years."

He then pointed out that the current constitution was enacted over 70 years ago and stated, "No matter how many people die, the pain of the bereaved families is indescribable, but in the case of a major disaster, there is a need to increase the punishment," and expressed the opinion that "a review of the sentencing standard of 'imprisonment for not more than five years' is necessary."

Regarding the driver's statement that the cause of the accident was 'sudden unintended acceleration,' he explained, "If it is proven that the cause of the accident was sudden unintended acceleration, the driver may be acquitted," but added, "There must be audio black box evidence proving sudden unintended acceleration, such as why the brakes did not work at the time of the accident. Without this, it is difficult."

Meanwhile, earlier, the Seoul Namdaemun Police Station booked the vehicle driver, Mr. Cha (68), on charges of professional negligence causing death or injury under the Special Act on the Treatment of Traffic Accidents.