JEONJU, South Korea – A 50-year-old man who, while intoxicated, sped through a city center at 159 kilometers per hour, causing a horrific collision that killed a teenage driver and severely injured a passenger, has seen his sentence increased in an appellate court. The court highlighted the defendant's attempts to evade responsibility and his "alcohol-chasing" scheme as reasons for finding the initial sentence too lenient.
The Jeonju District Court's 3-3rd Criminal Division (Presiding Judge Jeong Se-jin) on May 20 overturned the original sentence of six years in prison and a 1 million won fine for Mr. A (51). He had been charged under the Act on Special Cases Concerning the Settlement of Traffic Accidents (resulting in death and injury), and the Road Traffic Act (for drunk driving and exceeding the speed limit). The appellate court instead handed down a more severe sentence of seven years in prison and a 1 million won fine.
The court explicitly rejected Mr. A's appeal claim that his blood alcohol concentration (BAC) could not definitively be proven to exceed 0.03%. The presiding judge stated, "While the defendant argued in the appellate trial that the breathalyzer procedure was flawed and the 0.03% threshold was not conclusively crossed, the police's breath measurement procedure was lawful, and the investigative agency applied the most favorable value to the defendant. Consequently, the figure of 0.036% must be considered to have probative value."
Furthermore, the court strongly condemned Mr. A's actions immediately after the crash. "Immediately after the accident, the defendant was advised to receive treatment at the hospital emergency room but promptly discharged himself. He then instructed a company employee to purchase two cans of beer, which he consumed," the court revealed. "This additional alcohol intake, occurring while an alcohol measurement was impending, is a typical case of 'alcohol chasing' and is deemed an act of obstructing the measurement." This practice, common in some cases, involves consuming more alcohol after an accident to dilute or obscure the BAC at the time of the incident.
The court also expressed skepticism regarding Mr. A's genuine remorse. "The defendant stated in the first trial that he would 'live in atonement,' but in the appellate trial, he denied drunk driving and evaded responsibility citing financial burdens," the court noted. "Considering the defendant's two prior drunk driving convictions and a previous conviction for injuring a police officer, along with the fact that he was on probation at the time, his actions demonstrate a severe lack of awareness. Therefore, the original sentence was excessively light."
The tragic accident occurred on June 27 of last year, around 12:45 AM, at the Honamjeilmun intersection in Yeoui-dong, Deokjin-gu, Jeonju, Jeollabuk-do. Mr. A, driving a Porsche Panamera, was traveling at 159 km/h in a 50 km/h speed limit zone when he collided with a Spark vehicle. The Spark, driven by Ms. B (then 19 years old), was returning home after a driving lesson. Ms. B was killed instantly, while her friend, Ms. C, who was in the passenger seat, suffered severe head injuries and remains in critical condition in the intensive care unit, having yet to regain consciousness.
A significant point of contention has been the initial police response. Upon arrival at the scene, police reportedly relied solely on Mr. A's statement that he would undergo a blood test and sent him to the hospital without immediate breathalyzer testing. The alcohol measurement was only conducted approximately two hours and twenty minutes after the accident, during which time Mr. A was confirmed to have consumed additional beer. This delay and the subsequent "alcohol chasing" meant that prosecutors could only charge him based on the 0.036% BAC, rather than applying the Yoon Chang-ho Act (Aggravated Punishment for Specific Crimes), which imposes harsher penalties for drunk driving fatalities but requires a more immediate and conclusive BAC determination from the time of the accident.
During the sentencing hearing, Mr. A kept his head bowed as the verdict was read. Family members of the victim, seated in the gallery, shed tears. The victim's family expressed their profound grief and frustration, stating, "A drunk driver killed our child by speeding through the city in a luxury car. The police's failure in initial response meant that we couldn't even hold him fully accountable, let alone find justice." This case underscores ongoing public concern in South Korea regarding the enforcement of drunk driving laws and the perceived leniency of sentences for such offenses.
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