Pedestrian Dies Fleeing Drunk Driving Checkpoint... Sentenced to 10 Years in Prison in First Trial

A man in his 40s who fled from a police DUI checkpoint and fatally struck a pedestrian on the sidewalk was unusually sentenced to a heavier punishment than the Supreme Court's sentencing recommendation in the first trial.

On the 5th, Judge Kim Ji-young of the Incheon District Court Criminal Division 6 announced that A (49), who was indicted for causing death by dangerous driving under the Act on the Aggravated Punishment of Specific Crimes and DUI under the Road Traffic Act, was sentenced to 10 years in prison.

A was arrested and indicted on charges of driving a sports utility vehicle (SUV) under the influence of alcohol and fatally hitting B (48), who was standing on the sidewalk near the Soraepogu intersection in Namdong-gu, Incheon, at around 9:15 p.m. on July 7.

He was found to have fled the scene by driving away upon spotting police officers conducting a DUI checkpoint on the road. He then drove onto the sidewalk and struck B, who was waiting at a crosswalk signal. At the time of the accident, A’s blood alcohol concentration was confirmed to be 0.186%, a level that results in license cancellation. B, who was hit by the vehicle, suffered severe head injuries and had a leg amputated, dying at the scene.

The scene at the time of the accident where a drunk driver crashed onto the sidewalk, causing the death of a pedestrian [Photo by Incheon Fire Headquarters]

The first trial court sentenced A to a heavier punishment than the Supreme Court’s sentencing guidelines, citing the severity of the illegality. According to the Supreme Court Sentencing Commission’s guidelines, the recommended sentencing range for cases involving both causing death by dangerous driving and DUI is 4 years to 8 years and 11 months in prison.

Judge Kim stated, "The defendant, while heavily intoxicated, violated traffic signals and drove onto the sidewalk to evade police enforcement. The illegality is significant as he struck an innocent victim, and the case is serious."

He added, "The victim suffered injuries severe enough to cause amputation and died in extreme pain. Considering the immense shock and suffering of the bereaved family and the fact that the defendant has not been forgiven, these factors were taken into account in sentencing."