"Fled by jumping 10 lanes during 'Unlicensed and Drunk Driving' crackdown, sentenced to prison again in second trial"

During Probation for Previous Drunk Driving Offense...
Fled Saying "I Need to Go to the Bathroom" When Caught in a Crackdown

[Asia Economy Reporter Kim Daehyun] A driver without a license who refused a breathalyzer test, ran into a 10-lane road to escape, and knocked down a police officer was sentenced to prison again in the appellate court.

According to the court on the 29th, the Seoul Central District Court Criminal Appeal Division 5-2 (Presiding Judges Won Jeongsuk, Jeong Deoksu, Choi Byeongryul) recently sentenced Jang (50, male), who was indicted for violating the Road Traffic Act (driving without a license, refusal to take a breathalyzer test) and obstruction of official duties, to 1 year and 6 months in prison. This sentence is lighter than the 2-year prison term given in the first trial.

[Image source=Yonhap News]

The appellate court stated, "The defendant's claim that he was illegally arrested by the police and asked to take a breathalyzer test cannot be accepted," adding, "He cannot avoid a prison sentence." However, the court added, "Considering the short distance and time of drunk driving, the absence of any traffic accidents caused, and the relatively minor degree of violence in obstructing official duties, the original sentence seems somewhat heavy."

Earlier, Jang was prosecuted for refusing a breathalyzer test after being caught driving without a license during a drunk driving crackdown in Gangnam-gu, Seoul, in March 2021. He resisted by saying he wanted to go to the restroom, then ran into a 10-lane road to escape, and pushed down the pursuing police officer, according to the investigation. It was confirmed that he committed this crime during the probation period for a previous drunk driving offense.

During the trial, Jang's side argued, "We were not informed of the Miranda rights nor did we consent to voluntary accompaniment," and claimed, "The arrest 50 meters away from the drunk driving checkpoint was illegal, and the request for a breathalyzer test at that time was also illegal." They also contended, "Even if the police officer was assaulted, it was a passive resistance to an illegal arrest."

The first trial court rejected these claims and sentenced him to 2 years in prison. At that time, the court pointed out, "Despite being punished multiple times for drunk driving, he reoffended, and especially committed the same crime during the probation period, even obstructing official duties."