Home » News » The Yoon Chang-ho Act’s Failure to Deter Drunk and Reckless Driving – Grieving Families Forced to Resign to Frustration

The Yoon Chang-ho Act’s Failure to Deter Drunk and Reckless Driving – Grieving Families Forced to Resign to Frustration

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Continuous reports of drunk driving, today we will look back at the Yoon Chang-ho Act, which has undergone ups and downs, such as a controversy over its unconstitutionality, although its punishment provisions have been strengthened.

The law was created after public outrage, but after the ruling that it was unconstitutional, it became a half-law, and the angry bereaved families are giving up.

Reporter Kim Se-young covered what was the problem.

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[예지희/고 윤창호 씨 친구(2018년 10월)]

″I am very grateful to the 100 members of the National Assembly who readily agreed, and for being the hope of us and the entire nation.″

It was in December 2018 that the ‘Yoon Chang-ho Act’ was passed.

In September of that year, the case of Yoon Chang-ho, who was standing on the sidewalk in Haeundae, Busan, was suddenly run over by a drunken car and died.

Mr. Yoon’s death has remained a historic event that reminds the entire nation of the dangers of drunk driving.

[최은순/부산 해운대구]

″(The feeling of that day) is still desperate. Walking down that road is sometimes, sometimes scary.”

The Yoon Chang-ho Act allows a sentence of at least 3 years to life imprisonment in case of drunk driving death, and aggravated punishment for drunk driving or refusal to measure more than twice.

However, in November of last year, the Constitutional Court ruled that the provision of aggravated punishment was unconstitutional.

″It is difficult to punish as a habitual offender unconditionally without considering how long the time gap is between the first and second offenders″.

Because of the legal vacuum that occurred in the legislative process, repeat offenders of drunk driving who were on trial at the time and repeat offenders who occurred later avoided the added punishment provisions of the Yoon Chang-ho Act.

[예지희/고 윤창호 씨 친구]

″In fact, I thought it was a decision that was a little contrary to public opinion. I understand, but at the same time, I was very upset.”

The number of drunk driving cases, which had been declining since the Yoon Chang-ho Act, secretly increased last year, and the number of repeat offenders more than twice also increased at once.

Yoon Chang-ho’s bereaved family declined the interview team’s request for an interview, saying it seemed meaningless.

[윤지환/고 윤창호 씨 친구]

″I think it’s because it doesn’t change. Only the victim suffers from pain, dies and dies, and in the end gives up on everything…”

Only in December of last year, the National Assembly passed an amendment to punish as a habitual offender if caught again within 10 years after being caught drunk driving.

The provisions of the Yoon Chang-ho Act, which can be sentenced to life imprisonment, remain the same, but the maximum sentence sentenced for 4 years after the enforcement of the law is confirmed to be 11 years in prison.

This is Kim Se-young from MBC News.

Video coverage: Nam Hyun-taek Jeon Seung-hyun / Video editing: Lim Joo-hyang

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