Police from Incheon Jungbu Police Station conduct a year-end and New Year drunk driving crackdown on a road near Wolmido, Jung-gu, Incheon, on the 11th. /Courtesy of Yonhap News

Prosecutors will actively appeal so that courts can hand down higher sentences to habitual drunk drivers, and will greatly expand vehicle confiscations. Although the total number of drunk driving busts is falling, the measure aims to address the problem that nearly half of those caught are repeat offenders.

The Supreme Prosecutors' Office said on the 23rd that, starting on the 22nd, it has worked with the Korean National Police Agency and the Crime Prevention Policy Bureau of the Ministry of Justice to draw up and implement a comprehensive plan to eradicate drunk driving.

According to the Korean National Police Agency, the number of people caught for drunk driving fell 51.8% from 243,100 in 2015 to 117,091 last year. However, the recidivism rate among drunk driving offenders has remained at 42% to 45% over the past 10 years.

A prosecution official said, "This is the result of a strict response under the principles of pretrial detention, seeking prison sentences, and zero tolerance for drunk drivers," but noted, "Even so, traffic accidents caused by habitual drunk drivers continue to occur."

Since July 2023, prosecutors have worked with police to seize and confiscate vehicles of drivers who caused fatal drunk driving accidents or are habitual drunk drivers. As of Nov. this year, 349 vehicles have been confiscated.

The criteria for vehicle seizure and confiscation were further tightened in this plan. Vehicles will be seized and confiscated if a driver on trial for drunk driving or on suspended sentence drives drunk again, or if a driver with a drunk driving record within the past five years commits another drunk driving offense with a blood alcohol concentration of 0.2% or higher.

Under the so-called "Yoon Chang-ho Act," enacted after a fatal drunk driving accident in Busan in 2018, a death caused by drunk driving can be punished by up to life imprisonment. Although prosecutors raised their sentencing recommendations, critics have long said actual court sentences often remain at the statutory minimum.

Accordingly, prosecutors will actively respond so that courts hand down sentences commensurate with the recommendations, in line with Supreme Court sentencing guidelines for traffic offenders who drive drunk. They will thoroughly document materials that can prove repeat drunk driving or extremely high risk under the Road Traffic Act, and will actively appeal if the sentence is low.

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