Court Rules 'Not Guilty' for Drunk Driving After Substitute Driver Flees

After Argument, Substitute Driver Leaves and Drunk Driving Occurs
"Considered Emergency Escape, Not Guilty"

Substitute Driver Stops in Middle of Road
50s Drunk Driver Also Found Not Guilty

[Asia Economy Reporter Lee Jung-yoon] The court has ruled that even if a person drives under the influence of alcohol, they cannot be punished if they briefly took the wheel to prevent a traffic accident.

According to the court on the 27th, Judge Son Jeong-yeon of the Seoul Eastern District Court Criminal Division 6 acquitted Mr. A, who was charged with violating the Road Traffic Act, on the 17th.

Mr. A was put on trial for driving about 10 meters from the road in front of a karaoke room in Seongdong-gu to the building's parking lot last June. His blood alcohol concentration at the time was 0.032%.

Mr. A told the designated driver, "There are many speed bumps, so please go slowly as you keep stepping on and stopping. If you are in a hurry, I will call someone else." The designated driver responded, "I will return to the starting point," which led to an argument, and the group intervened to stop it.

After the argument, the designated driver parked the car in a no-parking zone instead of the karaoke building, then left. Mr. A took the wheel himself and moved the vehicle to the karaoke building's parking lot. The designated driver filmed this and reported Mr. A for drunk driving.

Judge Son stated, "Considering the distance the vehicle was moved, the risk posed to others' lives and safety by the defendant's actions was not significant," and ruled, "The defendant's act of driving was to avoid an imminent danger to his own or others' legal interests, which constitutes justifiable emergency necessity."

Article 22, Paragraph 1 of the current Criminal Act stipulates that acts to avoid danger to oneself or others are not punishable if there is a reasonable cause.

A man in his 50s who drove under the influence after the designated driver got off in the middle of a road while waiting at a signal was also acquitted.

Judge Kim Byeong-guk of the Incheon District Court Criminal Division 22 acquitted Mr. B (58), who was charged with violating the Road Traffic Act, on the 2nd.

Mr. B was put on trial for driving his vehicle about 50 meters while intoxicated near an intersection in Incheon last April.

He was found to have driven under the influence after the designated driver got off the vehicle in the middle of the road during a signal wait following an argument. At the time, the vehicle was in the middle of a six-lane one-way road, with several vehicles stopped in front and behind.

The designated driver reportedly called the police after Mr. B moved the vehicle to the roadside and stopped.

In court, Mr. B argued that "driving the vehicle at that time was an act of 'emergency necessity' to avoid danger," which Judge Kim also acknowledged.

In April, a man in his 30s who drove about 3 meters under the influence to prevent an accident after the designated driver abandoned the car on the road was also acquitted. The man was recognized as acting under emergency necessity after the designated driver, who was arguing over the driving route, left the car on a one-lane one-way road, forcing him to take the wheel while intoxicated.