[Seocho-dong Legal Talk] 20s Drunk Driving with Partner Hanging on Car... What is the Court's Judgment?

Around 10 p.m. on September 26, 2021, Kim, who was sleeping in his car parked in a parking lot in Jung-gu, Incheon, heard a loud noise. It was a couple, A (30, female) and B (35, male), who were arguing while standing. A got into the driver's seat of her Mercedes-Benz, and B followed, shouting "Open the door."

On the night of October 25, 2021, police were conducting a drunk driving crackdown on the entrance ramp to the Busan direction at Seocho IC in Seoul. The photo is unrelated to the article content.

B repeatedly pulled on the front passenger door handle, and at that moment, A's vehicle suddenly accelerated. As a result, B was dragged about 10 meters and thrown onto the parking lot floor. Although B was seriously injured with various aftereffects, A drove out of the parking lot without stopping. Thanks to Kim's report, B was able to be transported to the hospital.

The prosecution indicted A on charges of aggravated assault and violation of the Road Traffic Act (drunk driving). It was also found that A drove approximately 100 km while intoxicated (blood alcohol concentration of 0.08%) for about four hours after the incident where B fell.

During the trial, A's side admitted to the drunk driving charge but denied the aggravated assault charge. The defense argued, "The defendant was unaware that B was holding onto the passenger door handle and had no intent to cause injury."

Kim, the eyewitness, also testified. He said, "The car suddenly started moving, and I saw the man following and falling," adding, "He was bleeding, so I thought it would be dangerous to leave him alone and decided to report it. The vehicle pressed the brake once and did not return," he said.

A's defense attorney asked, "'Was B's speech threatening?' Kim replied, "Yes. He seemed very drunk." When the judge asked, "Did B lose balance on his legs and get dragged?" Kim answered, "No, that was not the case."

According to the legal community on the 1st, the Criminal Division 33 of the Seoul Central District Court (Presiding Judge Noh Ho-sung) recently sentenced A to a fine of 7 million won.

[Image source=Yonhap News]

First, A's drunk driving charge was found guilty. The court pointed out, "The defendant drove under the influence for a distance of 100 km. Despite having a prior record for drunk driving, the defendant did not show remorse and committed the same offense again."

However, the court also stated, "Considering that the defendant admitted to all drunk driving charges and is remorseful, and B was shouting loudly and pressuring the defendant, prompting the defendant to drive to escape the situation, there are mitigating circumstances regarding the drunk driving incident."

The aggravated assault charge was judged not guilty. The court explained, "(Based on the evidence submitted by the prosecution alone,) it is difficult to conclude that the defendant used B's hand caught on the door handle to hang on and drag him. There is also no circumstantial evidence to definitively say the defendant drove the vehicle with such intent," adding, "It is hard to determine that the defendant saw or knew that the victim was pulling on the door handle from outside the vehicle when it started moving."

About 30 minutes after leaving the parking lot, A sent a text message asking, "Oppa, where are you?" but the parking lot security guard who answered the phone informed A that the police and 119 emergency services had been dispatched. It was also investigated that A asked "Where is the hospital?" in an attempt to find B.

Regarding the brief stop A made before leaving the parking lot, the court judged, "It appears that the vehicle slowed down or braked momentarily while passing obstacles in the parking lot, but it is difficult to conclude that the defendant was aware that the victim was injured."