Concert Proceeding Amid Controversy... "All Truths Will Be Revealed"
Penalties for Blood Alcohol Concentration Above 0.03%... Difficult to Verify Levels
Trot singer Kim Ho-jung (33), who is under investigation for hit-and-run charges, is increasingly suspected of having caused the accident while driving under the influence of alcohol. However, it remains unclear whether the evidence can conclusively prove the charges, leading to predictions that a not guilty verdict may ultimately be issued.
On the 17th, the police received urine test results from the National Forensic Service (NFS) indicating that Kim was judged to have consumed alcohol before the accident.
The NFS reportedly stated that "approximately 20 hours had passed from the accident to the urine collection, and alcohol metabolites (byproducts produced as the body processes alcohol) exceeding the threshold for determining intoxication were detected."
Kim appeared before the police 17 hours after the accident and underwent a breathalyzer test. CCTV footage was also released showing him leaving a nightlife establishment and calling a designated driver to go home.
The police have also secured a recorded file in which Kim allegedly asked his manager to appear on his behalf, saying, "I had an accident while driving under the influence, so please appear for me."
However, it is uncertain whether these circumstances can serve as evidence to prove the charges.
According to current Road Traffic Act regulations, a driver's blood alcohol concentration (BAC) must be confirmed to be 0.03% or higher to apply DUI charges. Typically, after 8 to 12 hours post-drinking, breathalyzer tests cannot reliably determine intoxication.
The police sometimes use the Widmark formula, which estimates BAC over time by calculating based on the type of alcohol consumed and body weight.
However, this method requires an initial BAC value to back-calculate, making it difficult to apply when the driver conceals their whereabouts for an extended period.
Analysis of alcohol metabolites can only confirm whether alcohol was consumed, but it is not easy to determine the exact BAC.
In fact, in April 2016, broadcaster Lee Chang-myung (55) was prosecuted for DUI after appearing before the police about nine hours after a traffic accident, but he was ultimately acquitted.
At that time, the court noted, "While there is reasonable suspicion that Lee drank and drove, the amount and rate of drinking were not measured, so it cannot be proven that he drove with a BAC of 0.05% or higher."
Even if Kim later admits to drinking, it cannot be proven that his BAC was 0.03% or higher at the time of the accident.
A representative precedent is the "Cream Bread Dad Hit-and-Run Case" in Cheongju, Chungbuk, in January 2015, where the perpetrator was acquitted.
The driver, who surrendered 19 days after fleeing, stated during police investigation that he had consumed four bottles of soju, and a colleague testified that they drank together.
The prosecution estimated the driver's BAC at the time of the accident to be 0.162% using the Widmark formula, but this was not accepted by the first and second trials nor by the Supreme Court.
The current charge Kim faces for "failure to take action after an accident" under the Road Traffic Act carries a penalty of up to five years imprisonment or a fine of up to 15 million won, but first-time offenders or cases without casualties usually result in light fines.
This is a relatively lighter punishment compared to DUI, which carries up to five years imprisonment or a fine of up to 20 million won.
A police official explained, "Since the Lee Chang-myung case, the entire nation has become aware of the Supreme Court precedent, making it more difficult from the police perspective. Apart from hoping the court makes a reasonable judgment, there is little else the police can do."
Kim's side strongly denies the drinking charges, stating, "He only touched the glass but did not drink." At a concert held the previous day, Kim expressed his innocence, saying, "All the truth will be revealed."
The police are investigating Kim on charges of violating the Road Traffic Act (failure to take action after an accident) as well as hit-and-run injury under the Act on the Aggravated Punishment of Specific Crimes. The taxi driver who collided with Kim's vehicle reportedly sustained injuries and received hospital treatment.
If the police investigation confirms that there was an organized attempt by Kim and his agency to conceal the incident?such as the hit-and-run, false confession by the manager, driver substitution, removal of the black box, and Kim's police appearance only after 17 hours?additional charges such as aiding the offender or destroying evidence may be added.
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