“What? Someone died, and he only got five years?”

Article source
Chosun Ilbo
Article title: “20-Something Who Drove Drunk at 104 km/h Gets Sentence Increased from 4 to 5 Years on Appeal”
Reporter: Woo Jeong-sik

A man in his 20s who caused a fatal accident by speeding while heavily intoxicated and running a red light received a longer sentence on appeal.

The Chuncheon District Court’s Criminal Division 1-3 (Presiding Judge Heo Il-seung) overturned the original sentence of four years in prison and sentenced A (24), who was indicted on charges of causing death by dangerous driving under the Act on the Aggravated Punishment of Specific Crimes and drunk driving under the Road Traffic Act, to five years in prison, the court announced on the 12th.

At around 1:22 a.m. on October 27 last year, A was driving a Sonata passenger car with a blood alcohol concentration of 0.131% at the Dongbu Bridge intersection in Dangu-dong, Wonju, Gangwon Province. He collided with a Sonata driven by B (31), killing B, and was subsequently put on trial.

According to the investigation, A was driving at 104 km/h on a road with a speed limit of 50 km/h when the accident occurred. A had also previously been sentenced to a fine in 2023 for causing a traffic accident that injured another victim.

The Chuncheon District Court’s Wonju Branch, which handled the first trial, sentenced A to four years in prison, stating, “The victim lost his precious life, and it is difficult to comprehend the sense of loss and grief felt by the victim’s family members who lost a loved one overnight.”

The appellate court, which reviewed the case again, sentenced A to five years in prison, a heavier sentence than the original one, stating that it took into consideration “the fact that A caused the accident while driving heavily intoxicated, running a red light, and significantly exceeding the speed limit.”

I am angry.

I am really angry.
I am angry that he even had the nerve to appeal,

but more than that, I am angry that I saw an article saying that the sentence was increased from four years to five years even though someone died.

But the ruling itself is legally accurate.

Because this was not murder,

but a crime of causing death by dangerous driving.

Causing death by dangerous driving
Unlike murder, which involves intentionally killing someone, this offense punishes a death caused by dangerous driving behavior.
It applies when a person causes someone’s death while driving in a condition in which normal driving is difficult due to the influence of alcohol or drugs.

In my opinion, this is a kind of legal loophole.

Otherwise,

under the statutory penalties,

Crime	Statutory penalty
Murder	Death penalty, life imprisonment, or imprisonment for at least 5 years
Causing death by dangerous driving	Life imprisonment or imprisonment for at least 3 years

That is how it was structured,

Crime	Mitigated range	Basic range	Aggravated range
Causing death by dangerous driving	1 year 6 months – 3 years	2 – 5 years	4 – 8 years
Ordinary murder	5 – 10 years	10 – 16 years	15 years or more – life imprisonment or more

That is how different the sentencing guidelines are in practice.

That is why, although I am angry about it, I said that the ruling itself is legally accurate.

You cannot simply say, “This country is too frightening to live in!!”

Even Singapore, a country often cited for showing what a strong and satisfying sentence looks like,

Case	Key facts	Sentence
🇰🇷 South Korea	0.131%, 104 km/h, speed limit 50, running a red light, 1 death	5 years
🇸🇬 Singapore	Drunk driving + dangerous driving, 1 death + 6 seriously injured	7 years
🇸🇬 Singapore	Causing death by dangerous driving, drunk driving charged separately	11 years
🇹🇼 Taiwan	Drunk driving + driving without a license + previous drunk-driving record + 1 death	9 years
🇹🇼 Taiwan	High blood alcohol level + over 84 km/h + 1 death	7 years 6 months

That’s why…

I really hate people who drive drunk.

Ah, I’m angry.

I pray that the deceased may rest in peace.