Why Drunk Driving Charges Were Not Applied Despite Confessing to Drunk Driving Hit-and-Run After Drinking Soju

Difficult to Apply When No Alcohol Level Detected

A man in his 40s who drove without a license on a mountain road connecting Jeju City and Seogwipo City, repeatedly crossed the center line causing accidents and fled the scene, has been sentenced to 5 years in prison.

At the first and final trial held under the jurisdiction of Jeju District Court Criminal Division 1 (Presiding Judge Yeo Kyung-eun), the prosecution requested a 5-year prison sentence for A (41), who was indicted and detained on charges including violation of the Act on the Aggravated Punishment of Specific Crimes (hit-and-run injury). The prosecution stated, "Considering the extent of the damage and the circumstances of fleeing after the accident, the nature of the crime is serious."

On the afternoon of the 10th of last month, at around 6:39 PM, A was driving a Sonata owned by an acquaintance near the Seongpanak Trail Information Center on Route 516 towards Seogwipo when he crossed the center line and collided with three passenger cars in succession before fleeing. He is also accused of crossing the center line again and hitting an oncoming mainline bus before escaping.

A was urgently arrested by police who responded to a report near Yangji Park in Jeju City, about 13 km from the accident scene, at around 8:20 AM the following day.

It was revealed that A’s license had been revoked in 2018. He caused the accident while driving without a license. He initially claimed, "I did not drink and drive," but later changed his statement, saying, "I drank 4 to 5 shots of soju as a side drink at a restaurant during lunch on the day of the accident."

Based on this, the police reviewed the closed-circuit television (CCTV) footage from the restaurant and secured videos showing A drinking multiple times. However, since no alcohol level was detected, the charge of drunk driving was ultimately not applied.

Approximately 13 hours and 40 minutes after the incident, police conducted a breathalyzer test upon A’s urgent arrest, which showed a blood alcohol concentration of 0%. Blood samples were immediately taken and sent to the National Forensic Service for testing, but no alcohol level was detected there either.

Under current law, to apply drunk driving charges, blood alcohol concentration must be confirmed. Although the Widmark method can estimate blood alcohol concentration retrospectively based on elapsed time, it requires an initial measurable alcohol level, making it difficult to apply if no alcohol level is detected.

A admitted all charges in court. The sentencing trial is scheduled to be held next month.