Eulwangri 'Chicken Delivery Tragedy' Drunk Driving Passenger Denies 'Aiding Drunk Driving' Charges
Passenger: Legal Review Needed on Whether They Are an Accomplice under the "Yoon Chang-ho Act"
30s Female Drunk Driver Admits Charges
On the 5th, the first trial of a drunk driver and a passenger who fatally struck a 50-year-old chicken restaurant owner delivering near Eulwangri Beach in Incheon last September was held at the Incheon District Court. Passenger A (47, center) is seen leaving the courthouse after the trial.
[Photo by Yonhap News]
[Asia Economy Reporter Park Hyesook] The first trial was held for a drunk driver and a passenger who fatally struck a 50-year-old chicken restaurant owner delivering near Eulwangri Beach in Incheon with a vehicle. All were prosecuted under the 'Yoon Chang-ho Act.' While the drunk driver admitted the charges, the passenger denied the accusation of encouraging drunk driving.
At the first trial held on the 5th under the presiding of Judge Kim Ji-hee of the Incheon District Court Criminal Division 3, A (34, female), who was indicted in custody on charges of causing death by dangerous driving under the Act on the Aggravated Punishment of Specific Crimes and drunk driving under the Road Traffic Act, briefly answered "Yes" when asked by the judge if she admitted the charges.
A appeared in court wearing a light green prison uniform and a mask to prevent the spread of COVID-19.
Also, B (47, male), the passenger who was indicted without detention on charges of instigating dangerous driving causing death under the Special Act and drunk driving under the Road Traffic Act, appeared in court wearing a black coat. However, B denied most of the charges.
B's lawyer stated, "The defendant feels great remorse and apologizes to the victim and the bereaved family," but added, "He remembers drinking with colleagues at a grilled clam restaurant and that A joined later and drank at a hotel with a terrace, but the defendant does not recall important moments related to the accident."
He continued, "It is our position that a very thorough legal review is necessary to determine whether he can be considered an accomplice under the Yoon Chang-ho Act," and argued, "While he admits to aiding drunk driving, the defendant did not know how much alcohol A had consumed, so applying the charge of instigating drunk driving is difficult."
After the trial, when asked by reporters if he had apologized to the victim's family, B bowed repeatedly and said, "I am continuing to do so" and "I am sorry."
A drunk driver, Mr. A (center), who fatally struck a chicken restaurant owner in his 50s delivering near Eulwangri Beach in Incheon, is leaving the Jungbu Police Station in Jung-gu, Incheon, to attend a pre-arrest suspect interrogation (warrant hearing). September 14, 2020.
[Photo by Yonhap News]
A was arrested and indicted for driving a Mercedes-Benz passenger car under the influence of alcohol around 12:55 a.m. on September 9 near Eulwangri Beach in Jung-gu, Incheon, and fatally striking C (54, male), who was delivering chicken on a motorcycle.
At the time, the Mercedes-Benz driven by A exceeded the speed limit of 60 km/h by 22 km/h, crossed the center line, and her blood alcohol concentration was 0.194%, far exceeding the license cancellation level of 0.08%.
B, who was riding with her, is accused of effectively encouraging drunk driving by opening the door of the Mercedes-Benz, owned by his company, with a remote controller so that A could get into the driver's seat before the accident.
The prosecution confirmed that B did not merely aid A's drunk driving but actively incited it, judging him as an accomplice in causing death by dangerous driving and applying the 'Yoon Chang-ho Act.' This is the first case where the prosecution has applied the Yoon Chang-ho Act to a passenger who was in a drunk driving vehicle.
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Enacted in December 2018, the Yoon Chang-ho Act refers to the amended Special Act that strengthens punishment for drunk driving fatal accidents and the amended Road Traffic Act that tightens standards for license suspension and cancellation. Under the Yoon Chang-ho Act, drivers causing fatal accidents can be sentenced to imprisonment for three years or more, or life imprisonment.
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