1st Trial: 1 Year 6 Months Prison + 3 Years Probation → Appeal Trial: 1 Year Prison
A man in his 50s, who had been punished six times for drunk driving, was sentenced to prison in an appellate trial after driving under the influence again.
The Criminal Division 5 of Changwon District Court (Chief Judge Kim Hyeong-hoon) overturned the original sentence (1 year and 6 months in prison with 3 years probation) and sentenced Mr. A, a man in his 50s charged with violating the Road Traffic Act, to 1 year in prison, Yonhap News reported on the 15th. He was immediately taken into custody after the sentencing.
Mr. A was prosecuted for driving about 1 km on a road in Gimhae, Gyeongnam Province, in April last year while intoxicated. At the time of detection, Mr. A's blood alcohol concentration was 0.067%, which is the level for license suspension. He had previously been punished six times in total, including four fines and two suspended prison sentences for drunk driving.
The first trial court said, "Despite repeated leniency, he committed the same crime again, showing very poor criminal nature," but also considered "his remorse and the fact that his blood alcohol concentration was not very high at the time," and sentenced him to a suspended prison term. The court also ordered Mr. A to undergo probation, 200 hours of community service, and 40 hours of safe driving lectures. The prosecution appealed, arguing that the sentence was too light and unfair.
The appellate court explained the reason for the prison sentence, stating, "Mr. A committed the crime again within 10 years from the date when he was sentenced to a fine or higher for drunk driving and the sentence was finalized," and "Despite having multiple punishments for the same crime, he committed the crime again, showing a high possibility of blame and risk of recidivism."
Meanwhile, punishments for habitual drunk drivers have recently been strengthened.
On the 29th of last month, Hwacheon Police Station in Gangwon Province booked Mr. B, a man in his 40s who had been punished five times for drunk driving, without detention on charges of drunk driving and seized his vehicle. Mr. B was caught on the 2nd of last month driving in Hwacheon-eup, Hwacheon-gun, Gangwon Province, with a blood alcohol concentration of 0.149%.
Also, in May, a man in his 60s who had been punished six times for drunk driving and caused an accident while driving under the influence again was sentenced to prison despite the victim's request for leniency. At that time, Chuncheon District Court dismissed the appeal of Mr. C, a man in his 60s charged with drunk driving under the Road Traffic Act and causing injury or death by dangerous driving under the Act on the Aggravated Punishment of Specific Crimes, and upheld the original sentence of 1 year and 6 months in prison. He was prosecuted for driving a passenger car in Wonju, Gangwon Province, in May last year with a blood alcohol concentration of 0.134%, hitting a stopped vehicle and causing injuries requiring about three weeks of treatment to the driver of the front vehicle. The first trial court sentenced him to prison and took him into custody, stating, "Despite having six prior punishments for drunk driving, Mr. C drove under the influence again."
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