YouTube Channel 'Han Moon-cheol TV' Report Story
"Seems Like Started the Engine Half-Asleep While Waiting for the Substitute Driver"
A car owner who was penalized with a 'license cancellation' after their running car moved forward and collided with flower beds, despite not driving under the influence, expressed their frustration.
On the 29th, the YouTube channel 'Han Moon-cheol TV' introduced the story of Mr. A, who experienced this on July 29. At the time, Mr. A had been drinking with company employees and around 4:45 a.m., he called a designated driver and was waiting in the car. He explained, "I was very drunk and don't remember clearly, but it was so hot that I think I went to the driver's seat, started the engine, and turned on the air conditioner," adding, "About 6 to 7 minutes later, the designated driver called, but I was asleep and didn't answer."
However, about 30 minutes later, Mr. A's car began to move slowly. The vehicle moved forward, hitting two flower beds placed by the roadside one after another, pushing them, and stopped after advancing about 3 meters. At this time, the car's hazard lights were on for about a minute before turning off. The accident occurred on nearly flat ground with little slope. Police who responded to a witness report woke Mr. A, who was sleeping inside the car, and conducted a breathalyzer test. Mr. A's blood alcohol concentration was 0.154%, which is at the license cancellation level.
Mr. A said, "I was asleep and unaware of the accident until the police arrived," and expressed frustration, "I was fined 8 million won for drunk driving. I hired a lawyer and contested the charges, but lost." However, the court stated, "Just before the accident, the gear of the car, which was running with the engine on, was changed from parking (P) or neutral (N) to drive (D) by the defendant's physical manipulation," and explained, "Although the passenger car was equipped with a type of automatic control system to prevent collision accidents called 'Forward Collision-Avoidance Assist,' it was confirmed that this function does not automatically turn on the hazard lights even if it operates." The court further noted, "Mr. A's car did not stop immediately after hitting the flower bed in front but pushed it forward and continued moving, then collided with other obstacles such as another flower bed before finally stopping," and concluded, "It is difficult to see that the series of actions after the accident were carried out solely by the car's automatic control system without the driver's intervention," thus ruling it as drunk driving.
Regarding this ruling, Mr. A lamented, "As someone working in the alcohol industry, my company has an agreement with a designated driver service, so I can call a designated driver anytime, and I really did not drive," adding, "Because of this loss, I am now in a situation where I have to resign from the company I have worked at for 10 years."
Attorney Han Moon-cheol advised, "In the appeal trial, rather than arguing that the collision avoidance system did not work, claim that you were waiting for the designated driver, turned on the air conditioner because it was hot, fell asleep, and while half-asleep, you don't know what happened. It was not intentional but happened in a dreamlike state." He continued, "Say you don't know why the hazard lights were on and don't remember. The possibility of this being accepted in the appeal trial is about fifty-fifty. If it is judged that you did not operate it intentionally but it happened in a dreamlike state, you could be acquitted, so look for related rulings." Attorney Han also advised viewers, "To prepare for such situations, after calling a designated driver, even if you turn on the air conditioner, do not sit in the driver's seat but sit in the passenger seat."
Most netizens who saw this story criticized Mr. A. They responded with comments such as, "Anyone can see that he committed a crime but claims to be innocent," "Whether half-asleep or intentional, drunk driving is drunk driving," and "Would he claim innocence even if it was a person instead of flower beds?"
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