Admitted to drinking 5 glasses of soju... but DUI charges cannot be applied

Driver who fled after accident on Jeju 5·16 Road
0% blood alcohol measured 14 hours after accident

A man in his 40s who fled after causing consecutive traffic accidents while driving without a license on a mountainous road in Jeju later admitted to drinking alcohol, but it is unlikely that he will face charges for drunk driving. This is because the current law requires a detectable blood alcohol level to apply drunk driving charges.

According to Jeju Dongbu Police Station on the 17th, the driver in his 40s, Mr. A, who was arrested on charges of hit-and-run causing injury under the Act on the Aggravated Punishment of Specific Crimes, violation of the Road Traffic Act (failure to take measures after an accident), and violation of the Automobile Damage Compensation Guarantee Act, stated, "I drank 4 to 5 glasses of soju at lunch about 5 to 6 hours before the accident, but I was not intoxicated," as reported by Yonhap News Agency on the same day.

The site of the traffic accident that occurred on the 5·16 Road near the Seongpanak Trailhead on Hallasan Mountain on the 10th [Photo by Jeju Dongbu Police Station]

Earlier, after causing an accident on the 5·16 Road connecting Jeju City and Seogwipo City, Mr. A abandoned his vehicle and fled into nearby bushes before the police and fire authorities arrived amid the chaotic situation. Because of this, it was impossible to confirm whether he was intoxicated at the time of the accident. About 13 hours and 40 minutes after the incident, the police urgently arrested Mr. A and conducted a breathalyzer test, which showed a blood alcohol concentration of 0%. The police immediately proceeded with a blood test and requested an examination from the National Forensic Service, but no alcohol level was detected there either.

Initially, Mr. A stated in the first investigation that "I did not drive after drinking," but he later reversed his statement as the investigation progressed. A police official said, "Under current law, even if the suspect admits to drinking, if no alcohol level is detected, drunk driving charges cannot be applied." He also added, "The drug test conducted alongside the alcohol test also came back negative."

Under current law, to apply drunk driving charges, it must be proven that the blood alcohol concentration was 0.03% or higher at the time of driving. There is also the Widmark method, which estimates blood alcohol concentration over time based on drinking circumstances, but this requires an initial measurable alcohol level to back-calculate. This method is difficult to apply in this case because no alcohol level was detected.

The site of the traffic accident that occurred on the 5·16 Road near the Seongpanak Trailhead on Hallasan Mountain on the 10th [Video source: Provided by Jeju Dongbu Police Station]

On the afternoon of the 10th at around 6:39 PM, Mr. A was driving a Sonata vehicle on the 5·16 Road near the Seongpanak Trailhead of Hallasan Mountain toward Seogwipo when he crossed the center line and collided with three passenger cars in succession. After attempting to flee with the damaged vehicle, he crossed the center line again and collided with an oncoming mainline bus. Three people, including bus passengers, were injured and transported to a nearby hospital, and severe traffic congestion occurred temporarily.

Mr. A fled the scene, leaving the vehicle behind, but was urgently arrested by police at around 8:20 AM the next day on a road near Yangji Park in Jeju City, about 13 km from the accident site, following a witness report. He reportedly claimed, "I have no memory of the accident, and when I woke up in the morning, I was lying in the bushes."

Following the case of singer Kim Ho-jung, who caused a drunk driving accident and fled the scene, incidents of drivers leaving the scene after accidents and either drinking more alcohol or fleeing without undergoing breathalyzer tests have been increasing. Two bills known as the so-called ‘Kim Ho-jung Prevention Law’ (partial amendment to the Road Traffic Act), which punish additional drinking to obstruct accurate police assessment of intoxication, have been submitted to the National Assembly. However, there has been no movement yet to amend the Road Traffic Act provisions that require a measurable alcohol level for punishment.