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"Hit by a Stranger" Older Sister's Call Leads to Drunk Driving... Court Ruling

Seoul Western District Court Sentences 6 Months Imprisonment and 1 Year Probation
"Considered Reflection for Vehicle Deregistration"

A man in his 30s who caused an accident while driving under the influence after receiving a phone call from his biological older sister saying she had been "hit by an unknown man" was sentenced to a suspended prison term.


On the 21st, the Criminal Division 5 of the Seoul Western District Court (Presiding Judge Lee Soon-hyung) sentenced A (33), who caused a drunk driving accident after receiving a call from his biological older sister and was charged with dangerous driving causing injury and drunk driving, to six months in prison with a one-year suspension.

"Hit by a Stranger" Older Sister's Call Leads to Drunk Driving... Court Ruling

A is accused of driving a passenger car while intoxicated for about 3 km from Seodaemun-gu to Eunpyeong-gu in Seoul at around 4:35 a.m. on May 12. Despite the red light at an intersection with traffic signals, he went straight and collided with the passenger car of victim B (33), who was making a left turn from the opposite direction. As a result of the accident, B and his passenger C (37) sustained injuries requiring two weeks of treatment.


A claimed, "On that day, after drinking and sleeping at a friend's house, I received a call from my biological older sister saying she had been 'hit by an unknown man,' and this caused me to make a wrong judgment and drive the vehicle." At the time of the accident, A's blood alcohol concentration was 0.141%, which is considered a level warranting license cancellation due to severe intoxication.


The court accepted A's claim and sentenced him to a suspended prison term. The court pointed out, "Although A's crime is not minor, there is a need to hold him criminally responsible." Regarding the sentencing reasons, the court explained, "However, considering that the defendant belatedly reflected on his wrongdoing, canceled the registration of his owned vehicle, and pledged not to reoffend."


Meanwhile, it was revealed that four out of ten drunk driving traffic accidents in the past five years were caused by repeat offenders. According to data analyzed by Han Byung-do, a member of the National Assembly's Public Administration and Security Committee from the Democratic Party of Korea, submitted by the National Police Agency on the 18th, a total of 75,950 drunk driving traffic accidents occurred in the past five years. Among these, accidents caused by so-called "repeat offenders" with a history of drunk driving accounted for 43.3%, or 32,877 cases. When classified by the number of prior offenses among repeat offenders in the past five years, 57.5% (18,916 cases) were first-time repeat offenders, 25.6% (8,431 cases) were second-time, and 16.8% (5,530 cases) were three or more times.


The police plan to prevent drunk driving recidivism as much as possible through the installation of drunk driving prevention devices, which will be implemented starting next month on the 25th. This system requires individuals with two or more drunk driving offenses within five years to drive only vehicles equipped with drunk driving prevention devices for a certain period (2 to 5 years) even after the disqualification period (2 to 5 years). Vehicles equipped with the prevention device check the driver's breath for alcohol before starting the engine, allowing the engine to start only if no alcohol is detected.


If a person subject to installation fails to install the device, they will be punished as if driving without a license. Additionally, acts such as starting the engine on behalf of the subject, unauthorized removal or manipulation of the device, or driving such a vehicle will also be punished.


© The Asia Business Daily(www.asiae.co.kr). All rights reserved.


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