Eulwangri 'Chicken Delivery Tragedy' Passenger Acquitted Under Yoon Chang-ho Act...Prosecution Appeals

An intoxicated driver (left in the photo) who hit and killed a man in his 50s delivering chicken in Eulwangri, Incheon last September, along with a passenger
[Photo by Yonhap News]

[Asia Economy Reporter Park Hyesook] The prosecution has appealed the first trial verdict in a drunk driving case in which a man in his 50s delivering chicken was fatally struck near Eulwangri Beach in Incheon last September.

On the 8th, the Incheon District Prosecutors' Office announced that it had filed an appeal with the court against the first trial verdict of A (35, female), who was arrested and indicted on charges of causing death by dangerous driving under the Act on Special Cases Concerning the Punishment, etc. of Crimes (Yoon Chang-ho Act) and drunk driving under the Road Traffic Act.

They also appealed regarding B (48, male), a passenger who was indicted without detention on charges of causing death by dangerous driving under the Special Act and aiding and abetting drunk driving under the Road Traffic Act.

A prosecution official stated, "The appeal against A is based on inappropriate sentencing, while the appeal against B is based on factual errors, legal misinterpretation, and inappropriate sentencing."

A also filed an appeal on the 2nd, after the first trial sentencing hearing ended, but B did not submit an appeal to the court.

Earlier, Judge Kim Ji-hee of the Incheon District Court Criminal Division 3 sentenced A to five years in prison at the sentencing hearing held on the 1st.

Judge Kim said, "The defendant caused an accident while driving 20 km/h over the speed limit and driving against traffic, resulting in a very serious outcome with the victim's death," but considering that A admitted the wrongdoing and had no prior criminal record, the sentence was decided accordingly. This sentence is much lighter than the 10-year prison term the prosecution requested for A.

The court also recognized only the charge of aiding and abetting drunk driving against B, who was in the vehicle at the time of the accident and was subject to the so-called Yoon Chang-ho Act, sentencing him to six months in prison with a two-year probation.

Judge Kim stated, "It is difficult to see that B had a duty of care in the course of work by supervising or directing A's driving, or that there was a special relationship imposing such a duty, so B cannot be held jointly responsible for the death resulting from drunk driving," and acquitted B of charges under the Yoon Chang-ho Act.

Regarding A's statement that "B made me drive," the judge found inconsistencies in important parts, reducing its credibility, and thus acquitted B of the charge of instigating drunk driving.

The Yoon Chang-ho Act refers to the revised Special Act and the amended Road Traffic Act, which strengthen punishments for drunk driving fatal accidents and tighten standards for license suspension and cancellation. Under this law, drivers causing fatal accidents while drunk can be sentenced to at least three years in prison or life imprisonment.

A was arrested and indicted on charges of driving a Mercedes-Benz car about 400 meters while intoxicated near Eulwangri Beach in Incheon on September 9 last year, fatally striking C (54, male at the time of death), who was delivering chicken on a motorcycle.

At the time, the Mercedes-Benz driven by A was exceeding the speed limit (60 km/h) by 22 km/h, crossed the center line, and was driving against traffic. A's blood alcohol concentration was 0.194%, far exceeding the license cancellation threshold (0.08%).

B was indicted on charges of effectively causing drunk driving by opening the door of the Mercedes-Benz, owned by his company, with a remote controller so that A, who had been drinking together before the accident, could get into the driver's seat.

The prosecution judged that B did not merely aid and abet A's drunk driving but actively encouraged it, applying the Yoon Chang-ho Act to both. Notably, this was the first case where the Yoon Chang-ho Act was applied to a passenger who was in the drunk driving vehicle.