FINAL RULING OF A DUI CASE

[Anchor Lead]

The Constitutional Court ruled last year that the so-called Yoon Chang-ho act is unconstitutional. The revised drunk driving act stipulates additional punishment for drunk drivers who have two or more DUI priors. Subsequently, the case of a Taiwanese student’s death by drunk driving tried under the set of tougher laws was reversed and remanded to a lower court. Now the court has made a final ruling on the case.

[Pkg]

A man surnamed Kim hit and killed a Taiwanese student while driving under the influence of alcohol in 2020. He was put on trial for violating the so-called Yoon Chang-ho act, which imposed heavier punishment on repeat drunk drivers, in addition to causing death by dangerous driving. He was hit with additional punishment because he already had two DUI priors. The lower courts both sentenced him to eight years in prison, but the Supreme Court sent the case back to a lower court in January for retrial. While the Supreme Court was deliberating on the case, the Constitutional Court ruled that the Yoon Chang-ho act was unconstitutional. Consequently, the prosecution took out the Yoon Chang-ho act violation charge when changing the indictment for the retrial. However, Mr. Kim was still sentenced to eight years in prison even in the retrial. The court noted that drunk driving is a grave crime that destroys other people’s lives and properties. The court also explained that a social consensus on strict punishment was considered for re-sentencing. The late student's bereaved family welcomed the ruling.

[Soundbite] Wu Yun-sik(Attorney for bereaved family) : "They were very worried over the possibility of a softer sentence because they could not understand why the act was unconstitutional."

The latest court decision shows that regardless of the unconstitutionality of the Yoon Chang-ho act, the court respects the social agreement that calls for harsh punishment on drunk drivers.