The death caused by drinking and driving is generally convicted and punished as traffic accident crime. According to the provisions of the Criminal Law, anyone who violates the laws and regulations governing traffic and transportation, thereby causing a serious accident, causing serious injury, death or heavy losses of public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;
If he escapes after a traffic accident or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years.
[Legal Basis]
Article 133 of the Criminal Law, [Crime of causing traffic accidents] Whoever violates the laws and regulations on traffic and transportation management, thereby causing a serious accident, causing serious injury or death to a person or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;
If he escapes after a traffic accident or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years.
