[Asia Economy Reporter Bae Kyunghwan] The Supreme Court has ruled that if a person starts a car engine while intoxicated but the vehicle does not move due to a malfunction, they cannot be punished for drunk driving.
On the 31st, the Supreme Court's 3rd Division (Presiding Justice No Taeak) announced that it upheld the lower court's acquittal in the final appeal of Mr. A, who was charged with violating the Road Traffic Act (drunk driving).
Mr. A was brought to trial on charges of driving under the influence in 2016. After drinking, he called a designated driver to take him home. However, he immediately fell asleep, and after an accident occurred and the designated driver disappeared, he woke up. To leave the accident scene, Mr. A started the engine, manipulated the gear, and pressed the accelerator, but the car was broken and did not move, eventually leading to a police investigation.
The prosecution judged that although the vehicle did not move, Mr. A's actions constituted drunk driving.
However, the first and second trials acquitted him, stating that simply manipulating the transmission and pressing the accelerator pedal cannot be considered drunk driving. The court ruled, "Considering that the risk of drunk driving becomes real when the car actually moves while being driven under the influence, it is difficult to see that a criminal act was committed solely by pressing the accelerator pedal."
The prosecutor appealed, but the Supreme Court dismissed the appeal, confirming the acquittal.
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