A 30-Year-Old Man Who Immediately Accelerated After Saying to His Quarreling Girlfriend, "You Didn't Buckle Your Seatbelt?" Sparks Debate Over "Murder vs. Accident"

[Asia Economy Reporter Kim Choyoung] In Jeju, a fierce legal battle unfolded from the first trial over whether a man who caused the death of his girlfriend while driving a rental car under the influence was guilty of murder or an accident.

The Jeju District Court Criminal Division 2 (Chief Judge Jang Chansu) held the first trial on the 17th for A (34), who was indicted without detention on charges of murder and drunk driving.

A was charged with causing the death of his girlfriend B, who was in the front passenger seat, by driving a rental car while intoxicated around 1 a.m. on November 10, 2019, in Hallim-eup, Jeju City. At the time, A’s blood alcohol concentration was confirmed to be 0.118%.

Driving at 114 km/h, A hit the curb on a left curve and then collided with a tractor parked by the roadside. The accident vehicle was a convertible without a roof, and B, who was not wearing a seatbelt, was ejected from the car.

B was severely injured in the accident, underwent surgery, and remained unconscious until passing away in August of the following year.

The police initially sent A to the prosecution on charges including violation of the Special Act on Traffic Accident Handling (causing death), but the prosecution applied murder charges, believing that A intentionally caused the accident knowing B was not wearing a seatbelt.

The prosecution explained, "After reviewing the black box footage, A said to B, 'You’re not wearing your seatbelt?' when the seatbelt warning sounded, then immediately accelerated the car to deliberately cause the accident."

The prosecution also presented the fact that the two had been emotionally heated due to a fight on the day of the accident as circumstantial evidence.

On the other hand, A’s defense attorney argued, "Although the accident occurred due to the defendant’s fault, it is unreasonable for the prosecution to indict him on murder charges," adding, "The vehicle operation records, which are recorded by the second, show that the defendant tried to brake to avoid the accident."

He continued, "The defendant acknowledges his fault and has a remorseful heart toward the deceased and the bereaved family," and "The defendant and the deceased were engaged to be married. Although they had a quarrel around the time of the accident, it is absurd to say he intended to kill her."

A stated, "I lost my memory while drinking and do not remember driving," and "My memory is cut off from the middle of drinking."

The next trial is scheduled for August 9. The court will summon police officers and officials from the National Forensic Service who investigated the accident for evidence examination during the hearing.