20s Man and Woman Sentenced for Drunk Driving Accident and Attempted 'Driver Switch' Fraud

The Court Stated "There Was No Will to Uphold Legal Order"

A man and woman in their 20s who attempted a 'driver swap' after causing an accident while driving under the influence were sentenced to prison.

On the 13th, the Cheongju District Court Criminal Division 2 (Presiding Judge An Jae-hoon) sentenced 20-year-old A, who was tried the day before on charges of drunk driving and aiding a criminal under the Road Traffic Act, to two years in prison and ordered immediate detention. The court also sentenced B, who was indicted on charges of drunk driving and aiding a criminal, to one year in prison.

The two were driving an SUV under the influence around 5:45 a.m. on April 29 in Deoksan-eup, Jincheon-gun, Chungbuk, when they crashed into a commercial building. Although B was the driver, A falsely told the police that he was driving in order to receive accident compensation from the rental car insurance under his name.

Commercial building crash site. Photo by Yonhap News

However, during the police investigation, their 'driver swap' was exposed. After drinking with B, A borrowed the vehicle and drove about 100 meters before handing over the wheel to B under the pretext of giving him driving practice. B then drove the car for about 700 meters before causing the accident.

Due to A’s false statement, B was not subjected to a breathalyzer test during the police investigation. Consequently, the police estimated B’s blood alcohol concentration (BAC) at the time of the accident using the Widmark formula (a method to retrospectively calculate BAC during drunk driving). The result suggested that B’s BAC likely exceeded the license cancellation threshold (0.08%).

During the trial, B denied the drunk driving charge, claiming that his BAC might not have reached the license cancellation level, and the court accepted this argument.

The court stated, "It is difficult to conclude that the defendant’s BAC exceeded the license cancellation level when applying the most favorable Widmark formula. However, the defendant showed no intention to comply with the law, causing a disturbance by brandishing glass shards at police officers and attempting a driver swap. Considering that the defendant confessed but committed the crime during the probation period shortly after release, a severe punishment is inevitable."