[New Square 10] "Drunk Driving" Moon Da-hye will be summoned soon...What's the direction of the police investigation?

■ Host: Lee Se-na Anchor
■ Starring: Attorney Kim Kwang-sam

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information. Please specify [YTN New Square 10AM] when quoting.

[Anchor]
Moon Da-hye, who caused a drunk driving accident, is facing a police investigation. There is a possibility of attending today at the earliest. Let's point out what needs to be revealed in the police investigation. With lawyer Kim Kwang-sam. How are you?

[Kim Kwang Sam]
Hello,

[Anchor]
Moon Jae In Moon Da-hye, the daughter of the former president, was booked early Saturday for violating the Road Traffic Act for drunk driving, but she caused an accident after drinking. Shall we take a second look at the situation at that time?

[Kim Kwang Sam]
I think I went to the meeting place from 7 o'clock for the first time.

[Anchor]
It's Friday evening.

[Kim Kwang Sam]
That's right. Since they said they drank three times from 7 to 2 a.m., they probably didn't drink for about seven hours. But I moved the store, and if you look at CCTV or something, you can see that I'm quite drunk. I was driving by, and when I saw the CCTV, it was wrong. There have been several situations where passers-by almost hit and dangerous. And then I think I was going to make a left turn at the three-way intersection in Itaewon, but I was in the right turn lane. So, you can see that you couldn't distinguish between the left and right lanes because you were drunk and in the right state. So I stopped in the right-turn lane, got a left turn signal, and turned left, and as a result, I came into contact with a taxi coming from behind. Of course, you get very seriously injured in such a situation.It is said that the taxi driver suffered a minor injury even if the vehicle was not seriously damaged. So, it's not just drunk driving, but because a taxi driver is injured, he or she is likely to be punished for violating the Special Act on Handling of Traffic Accidents other than violating the Road Traffic Act because he or she is drunk driving and violating the Special Act on Traffic Accidents.

[Anchor]
At that time, the blood alcohol level came out to be 0.14%. Is this the number that comes out when an adult woman drinks?

[Kim Kwang Sam]
It depends on the person. First of all, it depends on weight, physique, weight, and the degree to which the body can absorb alcohol, but at least one or two bottles of soju. If we are over 0.08, we will cancel our license. If it's over 0.1, we say it's almost a clear state. It can be seen that you are in a state where you are unable to think normally. Therefore, if it is about 0.14, it probably lacks the ability to distinguish one's normal objects. As a result, you can see that you drank a lot.

[Anchor]
The situations at that time are all captured in CCTV footage, and if you look at the time of the accident, you turned on the left blinker in the second lane, which is the right lane. There was an accident while making a left turn like that, but it's a red light and you've entered an intersection. Does this add to the charge of traffic violations?

[Kim Kwang Sam]
I'm entering the intersection, but I don't know exactly which line I was at. However, if you were in the right-turn lane, you would have to receive the signal of the right-turn lane. However, since you received a left turn signal, there is a considerable possibility of a signal violation, you can see it like this. But in the media right now, it's simply a violation of the Road Traffic Act, because it's drunk driving. That's how it's being reported, but this isn't drunk driving. If you're this drunk, you can say you're addicted to alcohol. Then there's another crime of injury to dangerous driving.

[Anchor]
I've heard a lot lately...

[Kim Kwang Sam]
That's why if the blood alcohol concentration of alcohol is high, this crime is also applied when prosecutors indict it. Moreover, because a person is injured, a person is injured while driving under the influence, so it can be a violation of the Special Act on the Handling of Traffic Accidents.

[Anchor]
Then, exactly, we will know only when the police investigation is conducted, but how much do you expect the level of punishment to be usually?

[Kim Kwang-sam]
The most important thing is drunk driving. For drunk driving and dangerous driving injuries, there is a fine for blood alcohol content. However, if the crime of homicide and injury by dangerous driving is applied, the sentence is more than a year in prison. However, since there seems to be no criminal record, it may vary depending on which law is applied, and if the crime of dangerous driving is applied together, a sentence of at least probation or higher can be issued, and if it is simply drunk driving, a fine is also possible.

[Anchor]
Just by looking at the screen, he stumbles and sits in the driver's seat. I think there's also a look like this, saying if you're habitual after seeing this.

[Kim Kwang Sam]
If you said you were habitual, you would have been punished for being caught drunk driving before. However, driving under the influence does not necessarily mean that it will be measured and cracked down again. That's why I didn't do it once or twice, and of course, I think there can be that perspective. However, if you look at the situation of drunk driving these days, there are not many cases where the figure is low. Because we know that the Yoon Chang-ho Act and drunk driving are very severely punished. So if you drink a little alcohol that is not in a state of being dead, you shouldn't drink and drive, you should drive by proxy, or you should leave your car and take a taxi. That's what I'm aware of. However, if you drink to a certain extent, you become intoxicated enough to paralyze that perception. So, because I can't have a normal way of thinking, I often drive with the thought that I can drive, that nothing happens. So there are a lot of cases that have been caught in such a prestigious state.

[Anchor]
And these days, there are many cases of reporting suspected drunk driving vehicles. In the case of Moon Da-hye, CCTV footage showed her repeatedly applying the brake and pulling it off, so can she report it in this case?

[Kim Kwang Sam]
That's right. There are two main cases where drunk driving is caught by most citizens' reports. The first is that if you have a contact accident like Moon Da-hye, in that case, isn't it clearly revealed that you've been drinking? So, there are cases where the police report it to the police and the police come to measure it. The second is to go to a fork in the lane in a state of brightness or being drunk at all, or to violate various signals.If you follow him behind Lalji, you can see that he's very drunk. In such cases, there are many cases where they are caught reporting. However, when driving in that state, the traffic was very low compared to early evening or normal traffic. And I don't know if I went back and forth in the lane. However, keep pushing the brakes and repeat the lane violation.Citizens report a lot these days because they drive in the form of a ralji grinder, or in such cases, it can be seen as drunk driving.

[Anchor]
By the way, this vehicle that Moon Da-hye was riding in and the vehicle that was transferred by former President Moon Jae In are drawing more attention, but there is also a history of arrears?

[Kim Kwang Sam]
It's Casper, a compact car. However, when President Moon Jae In manufactured this vehicle in Gwangju at that time, he created and manufactured a company in terms of coexistence with the provinces. So, it is said that former President Moon Jae In bought one of these by himself at the time and transferred it to Moon Da-hye in April this year. But I think I failed to pay the fine while driving in Jeju Island. However, in general, delinquency of fines is a signal violation or a lane violation, and in such cases, a fine is imposed immediately when a fine is imposed. Then you have to pay this right away, but if you don't pay for a certain period of time, the car will be seized. So you can probably say that you haven't paid even after you've been fined, and just because you've been fined doesn't mean you can't drive this car. If you don't do it continuously, it will accumulate, and you have to pay it later when you hand it over to someone else, but first of all, Moon Da-hye is also the former president's child. Then, you have to obey the law because you are a public figure, and even if you didn't follow the law by mistake, you have to pay immediately in the period when you get a fine, but it seems to be controversial because it didn't happen.

[Anchor]
Moon Da-hye, it is said that she will be investigated by the police as early as today. The reporters are already waiting around the police. If a police investigation is conducted, what areas should we look at intensively?

[Kim Kwang-sam]
The Yongsan Police Station is being investigated. Yongsan Police Station is a very old building and there is no underground parking lot. The same goes for Kim Ho-joong last time. It will be publicly exposed because we have no choice but to go to investigate through the ground. However, in general, drunk driving itself is whether you drove or not, while drunk. That's important. I measured it and it came out to be 0.14%. So the time for the investigation is not long. The most important thing is where and how much alcohol you drank. Then the distance you drove, these things are important. So it won't take that much time to investigate, look at it like this.

[Anchor]
First of all, do you expect to attend today?

[Kim Kwang-sam]
I don't know. If you look at the appearance in the afternoon too publicly, Moon Da-hye can adjust the attendance date, and getting investigated after a considerable amount of time can avoid the media spotlight to some extent. That's why I think you can ask for that. But from the police's point of view, they can't help but listen to that.

[Anchor]
I see. I think it will be very difficult from the perspective of former President Moon Jae In. This has also had a ripple effect in the political world. As such, I wonder if the police will be burdened in various ways as it is a matter related to the former president's self-restraint.

[Kim Kwang Sam]
By the way, this case is not a political case. Since it's simply a drunk driving incident, the police can investigate it based on principle just like the general public. The political controversy itself is now a question of whether it is a request related to Thailand's Eastarget. Then, the flow of money is a problem, so the opposition parties are very opposed to President Moon. In a way, the prosecution is conducting a political investigation. And about that, Moon Da-hye also criticized the prosecution's investigation to the effect that it was unfair, but those things are actually buried by this drunk driving. As a result, I think it could be quite embarrassing for the Democratic Party or for former President Moon Jae In.

[Anchor]
Speaking of which, let's take a look at the investigation on Eastarget. In August, when former President Moon was listed as a suspect in the search and seizure warrant, it became a lot of issues. How much is the investigation going on now?

[Kim Kwang-sam]
There's still an investigation of Moon Da-hye. So the most important thing is that Moon Da-hye is about to be summoned, you can see it like this, but I don't know. I don't know what kind of stress I had about him or something like that, but I think I had to punish myself because it was related to my father. Since Moon Da-hye has been summoned and former President Moon Jae In has already been booked as a suspect, the prosecution will have no choice but to summon former President Moon Jae In. So, the prosecution has almost raided cell phones and raided houses. After the analysis of the evidence and the confiscated material is completed, it is highly likely that the former president of Moon Jae In, Moon Da-hye, will be summoned. It seems to me that there is not much time left.

[Anchor]
Public legal sentiment against drunk driving has increased a lot. Many people recognize it as a serious crime, but now if I drink and drive, I may lose my car?

[Kim Kwang Sam]
That's right. In the prosecution, if you drive under the influence of alcohol and cause a serious accident, this vehicle itself has become a tool for crime. That's why in general criminal cases, criminal tools are confiscated. But it's not just confiscation for minor drunk driving. First of all, there is a standard for the prosecution. There are several criteria, but a person who caused a serious drunk death accident. So, there were many deaths from drunk driving, or there are cases like that, and I have a history of drinking more than twice within 5 years.Lalji, then this person can be seen as a criminal tool because he is continuously committing criminal acts with vehicles. Also, if a person who has driven under the influence of alcohol more than three times within five years commits another recidivism, so just because he or she drove under the influence of alcohol does not mean that he or she is confiscated, but if he or she exceeds a certain critical standard, he or she can confiscate it. That's why the prosecution recently confiscated about 444 vehicles. And I ask the court to rule on confiscation, but I'm asking for a sentence. However, there are many cases where there is a possibility of confiscation because more than 100 units have been confiscated and the rest are under trial, whether it is an appeal trial.

[Anchor]
Let's just look at a few drinking-related accidents. There was an accident in which a driver driving a Porsche crashed into a road control vehicle early on the 5th, and the driver refused to take a breathalyzer test. Can't we get another punishment in this case?

[Kim Kwang Sam]
Refusing to measure is generally canceled if you get 0.08 or higher when you take a breathalyzer test. But if you refuse to take a breathalyzer test, you'll be sentenced to more than a year in prison. Of course, there's a fine. However, the refusal to measure is considered much more serious than drunk driving.
And there are quite a few cases where you have to go to trial. So, if you just measure it, the figure doesn't come out that much, so it's a matter that will end up as a fine, but if you refuse to measure it, the level of punishment is much higher and the license will be revoked for two years. So, even though there are a lot more disadvantages, there are quite a lot of people who refuse to measure once they get caught. That leads to even more disadvantages and trials. In some cases, if you have a criminal record, you are likely to be arrested.

[Anchor]
You should keep that in mind, viewers. And the court acquitted a man in his 60s who drank a bottle of soju for 39 seconds after parking. And the hit-and-run Maserati driver, who recently caused public outrage, is also not charged with drunk driving, so why are these cases?

[Kim Kwang-sam]
If you wait for a certain period of time, you lose all your blood alcohol concentration, whether you're going to drive drunk and cause an accident or run away even if you didn't cause an accident. Then you can't be punished because you can't get your blood alcohol level by taking a breathalyzer test. That's why we call it drunkenness, so in some cases, we just run away and if we don't come back, we can turn ourselves in later. Then you can't be punished if there's no evidence that you've driven under the influence. There are cases like that. Otherwise, there is a high possibility of being punished and being chased by the police. Then, I went to a convenience store like Kim Ho-joong and drank, or I was lying in my car, and I drank a whole bottle of soju. If this happens, it's hard to tell whether this person was driving under the influence of alcohol while drunk or after drinking a bottle of soju. So the case of innocence itself this time was actually that this person parked.

If you look at the CCTV, it's obvious that you're drunk. But he said that he parked in the car for 39 seconds, but he drank a bottle of soju for 39 seconds. He kept making that argument. So when the police measured the alcohol they had before, they should take out a bottle of soju. That's how I charged him, but the problem was that he calculated all the Widmarks and things like that. Then, you have to prove how drunk you were before drinking a bottle of soju, but before that, you didn't investigate where this person drank, how long it's been, and how long it's been. So, I took out a bottle of soju without it coming out, so this is a case of acquittal because the evidence is not clear. After Kim Ho-joong's case, the standing committee of the Public Administration and Security Commission passed the Kim Ho-joong Act, because he is still in the Judiciary Committee. So if you drink extra alcohol to avoid drunk driving after driving under the influence of alcohol, you will be sentenced to more than a year in prison, and up to five years in prison if you drink. It is a law that punishes in this way, but it has not yet been passed because the National Assembly is fighting each other over political disputes.

[Anchor]
I think the law should be passed quickly. Moon Da-hye, who was booked for drunk driving. Attention is focused on whether he will appear at the police today and I'm curious about what he will say. We will update you on the related situation when we come back later. So far, I've been with lawyer Kim Kwang-sam. Thank you.