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"The fundamental purpose of Yoon Chang-ho's law is to revolutionize the consciousness of drunk driving, because drunk driving can be eliminated only when you drink and drive, and you can kill someone. Many people feel that the Korean people's awareness of drunk driving has changed greatly.
November 29, 2018 National Assembly, Plenary Session

The unfortunate death of a young man in his 20s, the appeal of law revision of friends, the National Blue House petition, the passage and execution of the 'Yun Chang-ho' law ... Is the spirit of the Yoon Chang-ho Act properly implemented in one year after the law revision?

The SBS Data Journalism Team [Favorite Scrutiny] checked the data on how the Yoon Chang-ho Act, which had been in operation for a year after the report last September, was effective.
[Favorite] collected the judgment of the criminal trial first trial of a drunk driver who died after a period of one year before and after the enforcement of the Yoon Changho Act. As of December 18, 2018, when the 1st Yoon Chang-ho Act took effect, the rulings occurred one year before and one year after.

Laws applicable to drunk driving traffic accidents usually include the Road Traffic Act, the Traffic Accident Handling Special Act, and the Act on Weighted Punishment of Specific Crimes. After searching by words such as 'drink driving', 'death', 'dangerous driving fatality', and 'traffic accident handling', the contents of each judgment were checked and the cases meeting the criteria were selected.

The analysis subject thus confirmed was 137 cases before death (144 deaths) -39 cases after implementation (40 deaths). Although there are only 346 drunk driving fatalities in 2018, the number of judgments is relatively small, and it seems that there are not many fatalities among drunk drivers themselves. The post-analysis also excluded incidents in which the ruling was not disclosed because trials are still in progress.

● The Yoon Chang-ho Act is like this.
Yoon Chang-ho's law, named after the late Yoon Chang-ho, was killed in a drunk driving car in Busan in September 2018. One passed the National Assembly's plenary session on November 29, 2018, `` The First Yoon Chang-ho Act '' (Act on Amended Punishment for Revised Specific Crimes, etc.) enacted from December 18, 2019, and the other passed December 7, 2019. The Second Yoon Changho Act (Revised Road Traffic Act) was enacted from 25 June.

The 1st Yoon Chang-ho Act states that Article 11 of 11 (Dangerous driving fatality) means that if a person is injured in a state in which normal driving is difficult due to drinking or drug effects, he or she may be sentenced to imprisonment of less than 10 years or 5 million won. If a person dies at "1 year or more and 15 years or less, or 10 million won", he or she is amended from "1 year or more to imprisonment" to "weapon or more than 3 years in prison". In other words, the First Yun Chang-ho Act is a law that allows a prisoner to be sentenced to death without a fine, and even a maximum of three years in prison.

The second Yoon Changho Law lowered the blood alcohol concentration, which is the drinking standard for which driving is prohibited, from "0.05%" to "0.03%". In addition, it extends the period of disqualification for revocation of driving due to drunk driving and raises the level of penalty for drunk driving itself.

● The law is fixed to strengthen punishment.
In the early morning of September 6, 2018, a drunk driver raced at Yeoju, Gyeonggi-do at speeds of over 100 km / h and crashed into the river after receiving bridge railings. The woman in her 20s died. On March 19 last year, Paju, Gyeonggi-do, also died at the dawn of the car drove the drunk driver into the road boundary stone and power poles. The blood alcohol level of the front driver was 0.120%, the rear driver 0.167%, the front driver was the first offense, and the past driver's past drunk driving was not stated in the judgment. The former driver did not have a record, but the latter driver agreed with the victim's survivor. Both victims drunk with the driver and rode in the car. The accident occurred before and after the enforcement of the First Yoon Changho Act, which strengthened the punishment of drunk driving death accidents. The court sentenced the former driver to three years in prison and the next driver to three years in probation for one year and six months in prison.

Just comparing two cases does not mean that sentences have been reduced since the implementation of the First Yoon Changho Act. It is also possible that there is a difference in circumstances that are not fully contained in each judgment. Therefore, [Function] reviewed the entire judgment of the drunk driving death accident that can be analyzed at this point before and after the implementation of the First Yoon Chang Ho Act. What difference did you see?

● Execution rate and sentence decreased after the Yoon Changho Act
Imprisonment was sentenced for all incidents analyzed. There was no fine.

In the one-year (2017.12.18 ~ 2018.12.17, occurrence) decision, it was 58.4% (80 cases) and 41.6% (57 cases) of probation. On the other hand, one year after implementation (December 18, 2018 to December 19, 2019), the sentence was 46.2% (18 cases) and probation 53.8% (21 cases). Death accidents caused by drunk driving were common to all accidents, but since the implementation of the First Yoon Changho Act, the percentage of sentenced to death was rather reduced.

There was no significant difference in the sentence. However, it showed a slight decrease after the implementation of the First Yoon Changho Act. Execution sentences ranged from 6 months up to 96 months and 32.4 months on average, and 8 months, 72 months and 31.7 months on average. The average sentence of sentence sentenced after the implementation of the First Yoon Chang-ho Act decreased for 0.7 months.

In probation, the average sentence of imprisonment before execution was 15.6 months and 20.9 months after enforcement. The period of probation was 29.1 months and 35.4 months, and sentence of sentence increased after the First Yoon Changho Act.

What was the blood alcohol level of the driver who died? Before the implementation of the 1st Yoon Changho Act, the average of both execution and probation were 0.123%, and after implementation, the average was 0.130%. Blood alcohol concentrations are also higher than those who died after the First Yoon Changho Act.

● 'Yun Chang-ho Law' 1 year ... why did it come to this?
2nd half of 2018. Criticisms of drunk driving, particularly deaths, which could be called drinking alcohol, were heightened. The government and the parliament were forced to move. It was the 'Yun Chang Ho Law' that passed with the support of the whole people. Why did this result?

The number of drunk driving accidents and detections is steadily decreasing. In 2014, the number of drunk driving cases, which amounted to 250,000 cases in 2014 alone, dropped to almost half of 120,000 cases in November. Even if the number of caught driving is reduced, it is not wrong. Nevertheless, the results of the judgment analysis before and after the enforcement of the law raise questions about what the Yoon Changho Act was designed and implemented for. More than 200 people died from drunk driving deaths between January and November 2019.

One explanation is that the sentencing standards for traffic crimes, such as drunk driving accidents, have not yet changed. On November 28, 2018, at the Congressional Judicial Judicial Committee meeting held prior to the passage of the Yoon Chang-ho Act, Assemblyman Chae Lee said, "I think the sentencing standards in the Supreme Court are very low." . Even if the law was revised, the sentencing standard may not have changed since the sentencing standard has not changed. The 7th Supreme Court's sentencing committee, launched in May last year, said it would revise the criteria for the transfer of traffic crimes by reflecting the Yoon Chang-ho law until April 2020, when the first half of the term ends.

If the sentencing standard changes in 2020, will the Yoon Chang-ho Act be effective? Is there any other reason?

● Drunk driving deaths not covered by the Yoon Chang-ho Act

On May 3, around 2:50 am, B was killed by a car A drove on a road in Yongin, Gyeonggi-do. Mr. A drove the car nearly twice as fast as the limit of 0.127% blood alcohol. Mr. A was also punished five times for drunk driving. The court sentenced Mr. A to prison October.

Another accident. Also, at about 2:40 pm on June 7, last year, a car that Mr. C drove into Mr. D entered a pedestrian walkway in Gwangju-gu. D crashed over the safety fence and eventually died. Mr. C had a blood alcohol concentration of 0.186% and Mr. D had no fruit. The court sentenced Mr. C to June one year in prison and three years of probation.

The accidents that occurred after the 'Yun Chang Ho Act' were implemented, but the law applied to both incidents was not the Act on Weighted Punishment for Specific Crimes, which is the 'First Yoon Ho Ho Act'. The prosecution was prosecuted under the Traffic Accident Special Act and the Road Traffic Act, and the court ruled that.

● What is the Traffic Accident Handling Special Case Act?

The Special Act on Handling Traffic Accidents (hereinafter referred to as the `` Special Act ''), which has been in force since 1982, exempts the punishment by applying special exceptions, or special exceptions, to criminal punishment, with the exception of 12 serious errors. At the time of enactment, there were eight major gross negligences, including signal violations, central line violations, pedestrian crossing accidents, speeding, drunk driving, unlicensed driving, violations of the way of crossing railroads, and violations of the way of passing. Drinking and driving has been included since the enactment. However, due to the weak penalties, drunk driving was introduced in December 2007 under the Act on Weighted Punishment of Specific Crimes.

The 1st Yoon Chang-ho Act further strengthened the level of punishment for this dangerous driving fatality. In other words, the current special law, called the First Yoon Chang-ho Act, is a clause that was born to supplement the special case of traffic accident handling.

The differences between the two laws on drunk driving casualties are as follows.
First of all, it seems clear that the '1st Yoon Chang-ho Act' has a higher level of punishment. In addition, the condition that 'normal driving is difficult' is noticeable. How did the actual sentences differ when the two laws were applied respectively?

● If you do not apply Yoon Chang-ho law

First of all, before the implementation of the First Yoon Chang Ho Act. Even before the enforcement, the special law was applicable to the death of drunk drivers and it was prescribed to be imprisoned for more than one year and heavier than the special law.
The actual execution rate was 70.7% for the special law and 40.0% for the exception law. The average sentence of sentence in sentence was 37.8 months on average, and the exception law was 18.0 months. In probation, the gap was reduced. The mean blood alcohol concentration was 0.140% for the special law and 0.098% for the special law. Despite the commonality of drunk driving deaths in which more than one person died, the difference between the execution rate and the sentence was about doubled.
Since the Yoon Chang-ho Act, the actual execution rate of the two acts was 58.3% for the Special Act and 26.7% for the Special Act, which was less than before. In terms of average sentence, in case of prison sentence, the average special case accident was 37.7 month and the exception law accident was 10.5 month. The actual sentence of the sentence applied with the exception law is 'one-third' compared to the accident with the Yoon Chang-ho law. In the case of probation, the special law accident was on average 28.0 months in prison and 42.0 months in probation, while the exception law was low in 14.4 months in prison and 29.5 months on probation. The mean alcohol concentration was 0.158% for the special law and 0.091% for the special law.

※ We reiterate that the number of judgments analyzed by [Function] is 137 before the Yoon Chang-ho Act and 39 after the enforcement. Later analysis of more accident judgments may reduce the difference in execution rates or average sentences.

● Drinking alone is not a normal driving situation?

It is common sense to drink alcohol and drive beyond the standard that is prohibited. Nevertheless, the law does not view all drunk driving as 'normal driving difficulties'. In the drunk driving that can be applied to the special law, it is generally said that the blood alcohol concentration corresponds to the cancellation of the driver's license. In other words, if the old road traffic law was applied at least 0.100% by June 24, and after June 25, after the enforcement of the 2nd Chang-ho Lake Act (amended revised road traffic law), the special law would be applied and the special case law beneath it. It is.

However, the following case is difficult to judge whether it meets the criteria of 'reality' above.
At around 9:20 pm on February 9, 2016, a passenger car A drove in B alleys in Gangbuk-gu, Seoul, injured two weeks of injuries. According to police records, there was a good reason to admit that Mr. A smelled drunk, had a flush on his face, and had drunk driving because he was inaccurate. The police also tried to measure alcohol for 36 minutes, but Mr A refused to do so.

The trial court sentenced Mr. A to a fine of 5 million won for violating the Special Act (Dangerous Driving Values) and the Road Traffic Act. There may be circumstances that have not been ", but the second trial was dismissed. Then, Mr. A appealed, and the Supreme Court said, "It is hard to say that it was proved without reasonable doubt that normal drinking was difficult due to the effects of drinking." This means that the police records at the time of the first investigation should clearly demonstrate that normal driving is difficult.

If the court makes this strict judgment on 'normal driving' without providing any other criteria, the police and prosecutors may be reluctant to apply the special law or the 'Yun Chang Ho' law to each accident.

※ In the end, A's special law was applied instead of the special price law. If it had been since the Yoon Chang-ho Act, it could have been reduced from jail time to fines, but two years and four months after the incident, Mr. A was sentenced to a fine of 5 million won.

● There is no clear standard

Since 2018, when the above cases were issued, and even after the enforcement of the Yoon Chang-ho Act, there have been a number of cases where the special law (dangerous driving fatality) sin has been applied to the death of drunk drivers. The Yoon Chang-ho Act, which tightened the punishment of drunk driving deaths, is not excluded at all. However, the effect of the law being revised and implemented with national support is: ① Yoon Chang-ho Act 1 year… It is necessary to compensate for the fact that the sentence of sentence is not large, as seen in Reduction, and that there is no clear standard.

Traffic accident expert Han Moon-cheol said, "Yoon Chang-ho law is sentenced to imprisonment unconditionally after a death accident. The traffic accident special case law can be fined." "If you look at the bad side, you can use a lawyer to get a lower sentence." A lawyer also said, "The judiciary is also affected by public opinion, so the tendency is higher in cases of social attention." You have to change it. "

● Don't be drunk driving! ... Caught drunk driving every year

At the end of the year, the police will launch a special drunk driving crackdown. Drunk driving will increase when there are a lot of drinking spots such as year-end parties, so that drunk driving accidents are prevented through crackdowns. Last December was a special crackdown period from 16th to 31st.

Thanks to these efforts, the number of drunk driving cases has been steadily decreasing every year.
The number of drunk driving catches, which amounted to 25,167 in 2014, continued to decline, falling below 200,000 for the first time in 2018. In November 2019, it had a provisional figure of 15,191 cases. If the number of cases caught in December was similar to November, that's almost half that from five years ago. It is a meaningful figure and achievement.

But if you look monthly, you can see a little unusual.

● Drunk driving increases again after special crackdown
May 2014 was the month with the highest number of drunk driving cases since 2014. Police detected 23,844 drunk driving cases across the country this month. On the other hand, the fewest cases were found in February 2019, with 8,202 cases. Compared to May 2014, it has been reduced to almost one third.

If you look at the number of cases of drunk driving from 2014 to the latest month by month, except for the end of 2015-early 2016, the number of cases of drunk driving is usually from December to the following February. Afterwards, the market began to increase again in March and peaked in April. In 2017 and 2018, the three months with the highest number of drunk driving arrests during the year were from March to May.

2019 was different again. The lowest incidences were found in January and February, but this time it soared in May and then again in July. From December 18, 2018, the First Yoon Chang Ho Act was enforced from June 25, 2019. Before and after the enforcement of the law, police launched a massive drunk driving crackdown. The number of drunk driving rebounded from August, reaching record highs in November 2019.

● Even if there is a history of drunk driving penalties

Drunk driving and drunk driving accidents are obviously decreasing. The problem is those who drunk repeatedly, so-called 'drunk drivers'. According to the police white paper, the proportion of '3 times more caught' among all drunk driver is increasing every year, approaching 20%. The number of frequent drunk drivers is falling even slower.

In the last September report, those who responded to the question of why they drunk were mainly "I thought I could drive even if I drunk" and "I didn't think it would take any time to crack down". If you do not drink alcohol should not drive, but if you do not get caught or caught it was not a big problem.
The results of the analysis of the rulings in [Functions] also support this perception. Of the 137 cases of alcohol death deaths (2017.12.18 ~ 2018.12.17) that occurred for a year before the enforcement of the First Yoon Chang-ho Act, 40.1% (55 cases) of the accused had a history of criminal punishment for drunk driving. 59.9% (82 cases). When the accused defendant drunk driving again and died, that is, the average prison sentence for drunk driving was 34.4 months (36 cases), and the average sentence for no criminal punishment was 30.7 months (44 cases). . The difference in sentence range between the two groups was only four months. Blood alcohol concentration was 0.141% in the first place and 0.123% in the first place. In the sentence of probation, the number of prisoners was 15.9 months, and the first offense was 15.5 months.

Drinking Death Accidents Caused by the First Yoon Chang-ho Act During 1 Year (2018.12.18 ~ 2019.12.17) In 39 cases, 30.8% (12 cases) of the defendant had drunk driving penalties, 69.2% (27 cases) The average imprisonment for drunk driving prisoners was 34.9 months (7 cases), and the first offense was 29.6 months (11 cases). The difference was only four months. Blood and blood concentrations of the first and second levels were 0.130% and 0.180%. In the sentence of probation, there was no significant difference between 17.2 months in the offense and 22 months in the first offense.

※ After the Yoon Chang-ho Act is enforced, the number of judgments for drunk driving deaths is much smaller. It is because there are not many fatalities among drunk drivers and there are still trials in progress.

Many factors are reflected in the judgment of the accused person's guilt and innocence, the type of sentence and sentence. Therefore, it is prudent to criticize that there is a problem in the overall judgment with only one or two individual judgments. Even if you looked through the sentence for one year or more, the same is true. Nevertheless, it was not easy to find the trace of the drunk driving punishment reflected in the sentence in the sentence of drunk driving death for two years before and after the enforcement of the Chang-ho Yoon Act.

● If you don't want to lose the name 'Yoon Chang Ho'

"Drinking driving is not a mistake, it's a murder. The illegality that killed your precious life should not be punished lightly because it is a drinking accident. Please help me avoid this. "
-On October 2, 2018, Ko Chang-ho's friends

A year and three months ago, this petition was posted on the Blue House petition bulletin board. It led to the participation of 400,000 people, followed by the president's comments, the response of the Attorney General, and the revision of the National Assembly's law. The purpose of this analysis and article is to dismiss that 'Yang Chang Ho' has no meaning or effect. In order for the sacrifice of the deceased not to be in vain, and the spirit of the people who gathered at that time and the purpose of the law bearing the name of the deceased, a supplementary measure is needed.

By Shim Young-gu (so5what@sbs.co.kr)
By Jung Hye-kyung (choice@sbs.co.kr)
Byewoon Bae, Reporter & Analyst (woons@sbs.co.kr)
Ahn Hye-min, Reporter & Analyst (hyeminan@sbs.co.kr)
Ahn Jun-seok Designer (ahnjoonseok@sbs.co.kr)
Kim Min Ah Designer (naeklee@naver.com)