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Last year, a man in his 20s who was driving a motorcycle died in an accident in Daejeon while driving under the influence of alcohol.
It has been confirmed that the court did not apply the so-called 'Yun Chang-ho Act', which is the so-called 'Yun Chang-ho Act', saying that it is difficult to see it as an accident caused by drinking.
TJB reporter Kim Chul-jin reports exclusively.
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motorcycle was shattered to the point that it was difficult to recognize its shape.
In September last year, at an intersection in Dong-gu, Daejeon, a van while turning left after breaking a signal struck an oncoming motorcycle, killing 23-year-old motorcyclist A.
Driver B's blood alcohol level was 0.12%, which is the license revocation value, and it was revealed that he was caught driving under the influence twice in the past.
Prosecutors charged Mr. B with the so-called 'Yun Chang-ho Act' for the crime of dangerous driving, but the court did not admit it.
[Victim's family: I read the judgment, and among them, there was a part that talked about the innocence of drinking (dangerous driving homicide). I thought I heard it wrong.] In
order for the Yoon Chang-ho Act to be applied, the court must be in a state where it is difficult to drive normally due to drunkenness regardless of the number, but the defendant's eyes are relatively clear in the photo at the time, and the investigation the next day remembers the details of the accident in detail. is.
I thought that it was difficult to conclude that normal driving was difficult just from the police report of the scene that the words and actions were inaccurate and the gait was staggered.
In the end, the court sentenced three years in prison by applying the Traffic Accident Handling Special Act, which imposes imprisonment of not more than five years or a fine of not more than 20 million won, instead of the Yoon Chang-ho Act, which imposes up to life imprisonment.
The bereaved family filed a petition to the Blue House saying that the Yun Chang-ho Act is useless.
[Lee Young-sun / Lawyers for a Democratic Society: I think it is necessary to interpret the (driving) difficult condition more broadly in terms of the purpose of the revision of the (Chang-ho Yoon) Act that imposes aggravated punishment and the fact that drunk accidents can happen instantly.]
Some criminal law experts say He points out that there is no clear standard for the application of the current Yun Chang-ho Act and says that legislative supplementation is necessary.
(Video coverage: Park Geum-sang TJB)