[Issue call] The victim agreed to "Drunk Driving" by Dahye Moon...Police appearance soon?

2024.10.18 오후 12:48
■ Host: Anchor Jeong Ji-woong
■ Starring: Lawyer Son Jeong-hye

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information. Please specify [YTN NewsNOW] when quoting.

[Anchor]
Ask a professional about a hot issue. It's an issue call. Moon Da-hye, the daughter of former President Moon Jae In. On the 5th, there was an accident in Itaewon, Seoul, where he crashed into a taxi under the influence of alcohol.As a result of the alcohol consumption test at that time, the blood alcohol level was 0.149%. It exceeded the license revocation level of 0.08%. Four days after the accident, Moon reportedly completed a criminal settlement with the victim, the taxi driver.

Now, attention is being paid to when Moon will appear at the police and what kind of position he will express. In fact, reporters and YouTubers camped in front of Yongsan Police Station in Seoul every day after the accident, but the police only said they were coordinating the investigation schedule with Moon. In the meantime, it's already been 13 days since the accident.

As a result, there are observations that Moon's police appearance was imminent, and we will look into the related case with lawyer Son Jung-hye. The lawyer is out, right?

[Son Jung-hye]
Hello, I'm Son Jeonghye.

[Anchor]
How are you? It's been nearly two weeks since the accident. There is also a rumor that the police attendance may be delayed, what do you think?

[Son Jeong-hye]
It is not an urgent case to be summoned or quickly investigated because this case has been drunk and collected at the scene, but it is not necessary to delay the investigation of the suspect unless there is other evidence, so even if it is a non-consecutive case, it seems that an investigation should be conducted by this week or next week.

[Anchor]
Even if private summons is a principle, it is difficult to avoid being exposed to the media due to the nature of the place?

[Son Jung-hye]
According to the public information workers in the police investigation case, there are principles of prohibition of disclosure and protection of portrait rights in principle, but this simply prohibits the provision of portrait rights arbitrarily or deliberately disclosing the attendance information of the person involved in the case, not the detection of suspects in front of reporters in the natural summoning of suspects. As a result, due to the structure of Yongsan Police Station, some reporters are already there, and the attendance process is inevitably exposed to the media.

[Anchor]
First of all, we reached a criminal agreement with the victim, and the taxi driver did not submit an injury certificate to the police. How will this part affect future police investigations?

[Son Jung-hye]
It can result in a complete change in the name of the crime. For now, what is clear is that punishment for drunk driving under the Road Traffic Act is clear. Regarding whether the crime of injury by dangerous driving can be punished, the state of being drunk can be proven by CCTV or related situations, but can any evidence of guilt of injury be found? Injury goes beyond natural healing, and there are medical certificates, and the victim complains of pain and the victim's history of actual hospital treatment should be checked.

As such, the victim's statement and the victim's cooperation are important, but it is difficult to be prosecuted for dangerous driving injuries if the victim does not want to be punished for this, has not been actively treated, and the damage is minor.

[Anchor]
After the accident, many additional activities revealed through CCTV were also reported. Will illegal parking and signal violations be applied in addition to drunk driving?

[Son Jung-hye]
First of all, traffic light violations or illegal parking are not a matter of criminal punishment, but fines and penalties, so it seems that a fine of 50,000 won or 60,000 won can be imposed considering various circumstances. Among the sentencing factors when applying the crime of drunk driving, if the risk of accidents is increased due to drinking, it is considered a little aggravating factor. If you drink and drive while violating traffic rules in places where there are many vehicles around you, especially where there are many passers-by, there is room for it to be considered as a weighting factor rather than being lenient.

[Anchor]
I'm also curious about the expected sentence. Is there room for the earlier agreement with the victim to be applied as a reduction factor?

[Son Jung-hye]
If the victim does not want punishment, the reduction factor may be clear. However, under the Road Traffic Act, drunk driving is a crime that violates social legal interests, so even if the victim does not want to be punished, it is a crime that is punished due to social risks, and the basic sentencing standards cannot significantly reduce it.

The basic sentencing standards are stipulated from 8 months in prison to 1 year and 4 months in prison, and for first-time offenders, fines are usually imposed, ranging from 5 million won to 10 million won. Therefore, it is likely that the sentencing will be decided by comprehensively considering the degree of specific reflection, the degree of confession, whether the agreement is submitted, whether there is a risk under the Road Traffic Act, whether there is a similar history.

[Anchor]
It was the drinking accident of former President Moon Da-hye. We will deliver the news quickly when the police attend later. So far, I've been with lawyer Son Jung-hye. Thank you, lawyer.

[Son Jung-hye]
Thank you.



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