<Anchor>
Even if you cause a traffic accident, as long as you have comprehensive insurance, you will not be punished or the sentence will be reduced.
It was created 40 years ago to encourage the purchase of comprehensive automobile insurance, but now there are growing voices that it does not fit with reality.
By Park Jae-hyung, staff reporter.
<Reporter> In
front of a hamburger shop in Seodaemun-gu, Seoul.
A 6-year-old boy who was waiting for his mother died in an accident caused by a drunk car.
The driver's blood alcohol level was 0.144%, well above the license revocation standard, and the perpetrator was sentenced to eight years in prison.
[Family of a 6-year-old child: (Sentence) came out too low, so there is no hope.
A child without any fault was hit by a drunk car in broad daylight and went to heaven in vain...
.]
A high school girl who is paralyzed by rolling off a bus due to a car that suddenly cut into it.
I was diagnosed with a lifelong generalized paralysis that may never recover.
The driver of the car who contributed to the accident was sentenced to one year in prison.
[The victim's high school girl's father: Even if we don't agree, (the perpetrator) stays for a year and lives a normal life with his family even if he comes out (from prison). We stay like this until we die.]
The victims' families in these accidents did not agree that the perpetrators could not be forgiven.
However, the perpetrators had their sentences commuted because they were covered by comprehensive insurance.
[Family of a 6-year-old child: It is hard to believe that the standard of sentencing is the fact that you have insurance. Where is the person who didn't buy driver's insurance?]
Even without forgiveness or agreement, it is believed that damage recovery has been achieved to some extent with the comprehensive insurance compensation, which is also specified as a reason for commutation in the Supreme Court's sentencing standards.
In many cases, if you purchase comprehensive insurance, you may not be able to punish the perpetrator at all.
Last year, A's mother was seriously injured in an accident in an apartment complex.
The perpetrator did not apologize.
Strongly wanted punishment, but it was impossible.
This is because, if you are enrolled in comprehensive insurance, you cannot be punished unless it is an accident of death or serious injury or 12 major negligence.
[Mr A / Victim's family: (The police) said at first that the law is a bit different. No punishment, no nothing, no demerit points, no fines. The moment you hear it, you literally say, 'Why is the law like this?'] The
Traffic Accident Handling Special Act was enacted in 1981.
[Cho Byeong-gyu / Member of the National Party of Korea (1981): In response to the reality that driving is becoming commonplace in people's lives, special cases such as criminal punishment for drivers who cause traffic accidents... .] The
law was intended to increase the coverage rate for comprehensive insurance, which was less than 50%, to facilitate compensation for victims.
However, a contradiction has arisen with the criminal law that allows victims to be punished if they wish.
For this reason, the Constitutional Court ruled that it was unconstitutional and changed to punish the offender if the driver suffered an injury to the extent of disability, but the provision of exemption from criminal punishment remains the same.
It is pointed out that there is a need for improvement as the comprehensive insurance subscription rate is now over 90%.
[Jung Kyung-il / Attorney: There was a criminal law and there was a road traffic law, but a traffic accident special law was created for drivers. There are many exceptions, many mixed situations... .] It
is time to discuss whether the reality that many of the drivers responsible for the accident are exempt from criminal punishment or start their trial with grounds for commutation of sentences meets the legal definition.
(Video coverage: Seol Min-hwan, Kim Yong-woo, video editing: Lee Seung-jin, CG: Han Jeong-woo, Shim Soo-hyun)