BJ Causing Drunk Driving Fatality Avoids Yoon Chang-ho Act... Sentenced to 10 Months in First Trial

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[Asia Economy Reporter Seongpil Cho] An internet broadcast host who was charged with killing a motorcycle rider while driving under the influence was sentenced to 10 months in prison in the first trial.

The defendant avoided a heavy sentence as the Yoon Chang-ho Act, which strengthens penalties for causing casualties while driving under the influence, was not applied.

Judge Jang Won-jeong of the Seoul Central District Court Criminal Division 25 handed down the sentence on the 14th to Kang Mo (35), who was indicted on charges including violation of the Special Act on the Treatment of Traffic Accidents (causing death).

The court pointed out, "This accident occurred when the defendant, while driving under the influence, recklessly overtook a slowly moving motorcycle without any particular reason," adding, "As a result, the victim died instantly, causing an irreversible and tragic outcome."

The court further stated, "Considering that immediately after the accident, the defendant only checked the damage to his vehicle and did not confirm the life or death of the victim, a prison sentence is inevitable."

However, the court explained the sentencing reasoning, saying, "The accident vehicle was covered by comprehensive insurance, and the victim's family reached a settlement and does not wish for the defendant to be punished," and "The defendant has no prior record of similar crimes before this accident."

Kang was indicted for hitting and killing a motorcycle rider while driving under the influence around 1:40 a.m. on December 31 last year on the road under the Isu Overpass in Seocho-gu, Seoul.

The motorcycle rider, Mr. A, died at the scene from traumatic brain injury caused by the accident.

At the time of the accident, Kang's blood alcohol concentration was reportedly very close to the license suspension level (0.03%).

Kang was subject to review for the application of the so-called Yoon Chang-ho Act (Act on the Aggravated Punishment of Specific Crimes).

Enacted in December 2018, the Yoon Chang-ho Act stipulates that if a person drives a vehicle under the influence to the extent that normal driving is difficult and causes death, they shall be punished by life imprisonment or imprisonment for three years or more.

However, during the investigation stage, it was determined that Kang was not in a state where normal driving was difficult due to alcohol influence, so the Yoon Chang-ho Act was not applied.

Based on Kang's blood alcohol concentration at the time of the accident, his gait, and his ability to identify people, the investigation concluded that his condition was not severe enough to impair normal driving.

Accordingly, the prosecution charged Kang with violating the Special Act on the Treatment of Traffic Accidents rather than the Aggravated Punishment Act and brought him to trial.

Article 3, Paragraph 1 of the Special Act on the Treatment of Traffic Accidents stipulates that if a driver causes injury or death in a traffic accident, they shall be punished by imprisonment for up to five years or a fine of up to 20 million won.

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