Calls for tougher DUI penalties grow after foreigners killed in back-to-back crashes

A police officer conducts drunk-driving checks on drivers in Gangnam District, Seoul, Tuesday. Yonhap

A string of fatal drunk driving crashes in Seoul that claimed the lives of foreign nationals has sparked public outrage and renewed calls from citizens and experts for tougher penalties and stricter law enforcement.

On Sunday, a Japanese mother and daughter visiting from Osaka were hit by an alleged drunk driver while using a crosswalk near Dongdaemun Station in central Seoul. The 50-year-old mother died, and her daughter, in her 30s, was severely injured.

The driver, whose blood alcohol level far exceeded the threshold for license cancellation, was taken into custody on Wednesday.

The crash occurred just a week after a separate drunk driving incident in Seoul’s Gangnam District on Oct. 25, when a 30-year-old Canadian man of Korean descent was struck while crossing a street. The case only became public recently.

The driver was arrested at the scene with a blood alcohol level over the legal limit for license revocation. The victim went into cardiac arrest and was taken to hospital, where he later died.

Although Korea’s drunk driving laws are not considered lenient, critics argue that the real issue is how lightly they are applied in practice.

Under the current law, causing injury or death while driving under the influence is punishable by a minimum of three years in prison and up to life imprisonment. This guideline of sentence appears stricter than the law in Japan, where the maximum sentence is 30 years.

In practice, however, Korean courts rarely impose the toughest penalties. Supreme Court sentencing guidelines show that even in fatal drunk driving cases, prison terms typically peak at around eight years.

By comparison, Japan has handed down far tougher sentences in similar cases. In one widely cited ruling, a drunk driver received 25 years in prison for a crash that killed four members of the same family.

“Considering the public’s sense of justice, sentencing needs to be stronger by increasing penalties and applying the law more strictly,” said said Choi Jae-won, a professor at the Korea Road Traffic Authority.

Despite the implementation of stricter drunk driving laws such as the Yoon Chang-ho Act and the Kim Ho-joong Act following a series of tragic accidents, Choi highlighted that the most persistent problem remains the high rate of repeat offenses.

“The recidivism rate for drug crimes is 38 percent, but for drunk driving it’s 44 percent. While the overall number of drunk driving cases has declined, the rate of repeat offenses has not changed over the past decade,” Choi said.

He stressed that stronger sentencing alone is not enough and that more practical measures are needed to prevent repeat offenses.

One such measure is the introduction of ignition interlock devices, which will be mandated starting Oct. 26 next year. These devices detect whether the driver has consumed alcohol and prevent the vehicle from starting if alcohol is detected. In the U.S., 28 states have adopted the system, resulting in an estimated 80 percent reduction in repeat offenses.

“We’re moving in the right direction, but these accidents are still happening. When they do occur, it is time for the courts to demonstrate stricter application of the law,” Choi added.