Traffic Accident 'Victim' Faces Criminal Trial... "Caught for 'Hangover Driving' in Breathalyzer Test"

A traffic accident victim who collided with the car behind while driving was fined after it was revealed that they were driving under the influence of a hangover. The photo is unrelated to the article. [Image source=Yonhap News]

[Asia Economy Reporter Kim Daehyun] A traffic accident victim who collided with a car behind while driving was fined after being caught for driving under the influence due to a hangover during a routinely conducted breathalyzer test.

According to the court on the 21st, the Seoul Central District Court Criminal Appeal Division 5-1 (Presiding Judge Choi Byeongryul) recently overturned the original ruling that sentenced Ms. A (32, female) to a fine of 5 million won and instead sentenced her to a fine of 3 million won. The court stated, "The prosecutor amended the indictment during the appeal trial from 'repeated DUI offense (two or more times)' to 'general DUI offense' in response to the defendant's claim of legal misunderstanding."

Earlier, Ms. A was prosecuted for driving approximately 1.3 km on a road in Gangnam-gu, Seoul, on July 28 last year at 10:20 a.m. with a blood alcohol concentration of 0.042% (license suspension level).

At that time, she had been driving in the morning after drinking alcohol the previous day and sleeping. She stopped her car at a red traffic light, but the car behind collided with her vehicle, causing an accident. During the routine breathalyzer tests conducted on both parties by the police, this offense was detected.

It was confirmed that Ms. A had previously received summary fines of 2 million won and 5 million won for DUI offenses in 2010 and 2013, respectively. A summary order means that the prosecution requests the court to impose fines or penalties through written review instead of a trial, and the court issues a sentence after reviewing the documents without a formal trial.

The first trial sentenced her to a fine of 5 million won. The court stated, "There are no other criminal records besides DUI, and the previous offenses were about eight years ago," adding, "The intent to drive under the influence appears to be quite weak." Considerations were also given to her being a young adult starting her career, preparing for a civil service exam where a prison sentence or higher would disqualify her from appointment, and her confession and remorse.

Ms. A appealed, claiming "the fine amount is too excessive." Although the first trial applied the Yoon Chang-ho Act, which imposes heavier penalties on repeat DUI offenders, she also emphasized that the Constitutional Court later ruled this law unconstitutional.

The prosecutor pointed out while amending the indictment, "This is the defendant's third DUI offense. The first trial showed exceptional leniency due to the circumstances of the hangover DUI crackdown and her preparation for the civil service exam." The prosecutor then requested the court to dismiss the defendant's appeal.

In her final statement during the appeal trial, Ms. A bowed her head and said, "I had two offenses in my reckless youth, but since then, I have lived diligently without any shame. Although this incident happened, I am very sorry."