Drunk or Reckless Driving with Children on Board Now Subject to Child Abuse Charges

Driving under the influence or driving recklessly with children in the vehicle and causing an accident will now likely lead to charges of child abuse in addition to violations of the Road Traffic Act.

According to local legal circles on July 12, Judge Im Hwi-jae of the Hongseong Branch of the Daejeon District Court sentenced a 38-year-old woman, identified by the surname A, to 12 years in prison on July 10. She was charged with violating the Act on the Aggravated Punishment, etc. of Specific Crimes (fatal hit-and-run and fatal dangerous driving) and the Child Welfare Act (child abuse).

The court also ordered her to complete 80 hours of child abuse treatment programs.

A, a mother of two daughters, was indicted for driving under the influence on January 4 at 9:20 p.m. in Hongbuk-eup, Hongseong-gun, South Chungcheong Province, and striking a motorcycle ahead of her, killing the 20-something driver, B, who was a groom-to-be.

She was also charged with fleeing the scene without taking necessary measures to assist the victim.

It was later revealed that after the accident, she complained to the victim's partner, saying, "You scared my kids," which sparked public outrage.

At the time of the accident, A's blood alcohol concentration was 0.211 percent, well above the threshold for license revocation, and she was found to have been driving at 178 km/h in a 60 km/h speed zone.

A's two daughters, aged 6 and 4, were in the car when she was driving under the influence and driving recklessly.

On the day of the accident, A had been drinking with an acquaintance and returned home via a designated driver service, but it is reported that she got behind the wheel again with her daughters at around 9:15 p.m.

The police determined that the young daughters were terrified by the reckless driving and the subsequent accident, and concluded that A had committed emotional child abuse.

Because of this, A was referred to the prosecution and indicted on charges of child abuse under the Child Welfare Act in addition to the fatal hit-and-run charge.

The first trial court also recognized that A's actions constituted child abuse.

Regarding the child abuse charge, Judge Im ruled, "Despite her duty to protect her children, she drove recklessly while heavily intoxicated and caused a traffic accident that resulted in the victim's death, causing significant harm to her children's mental health and development. This is also a serious crime."

Regarding this ruling, a local legal expert explained the significance, stating, "This is a case that recognizes that driving under the influence or driving recklessly with children on board constitutes child abuse."

The police explain that as emotional abuse toward children is being interpreted broadly, driving under the influence or driving recklessly with children in the vehicle can clearly be considered abuse.

In Seo-gu, Daejeon, on June 21, a mother in her 30s who was driving while heavily intoxicated with her 8-year-old and 6-year-old children on board, crossed the center line and struck another vehicle, is also currently under investigation for child abuse.

A chief of the Women and Youth Investigation Division at a local police station stated, "Even if there is no physical abuse, we are broadly recognizing emotional abuse as child abuse," adding, "Driving under the influence or driving recklessly with children on board can be seen as putting the children in danger."

There are also voices calling for stricter punishment for such behavior, regardless of whether an accident occurs.

Gong Hye-jeong, head of the Korea Child Abuse Prevention Association, emphasized, "A guilty verdict is only natural, and strict punishment must be carried out," adding, "While this case resulted in punishment because an accident occurred, the act of driving under the influence with children on board should be punished as child abuse regardless of whether an accident takes place."

(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.