When the Substitute Driver Left the Car Behind, He Drove 10m Drunk... Court Rules "Not Guilty"

[Image source=Yonhap News]

[Asia Economy Reporter Lee Jung-yoon] A man in his 40s who drove under the influence to prevent the risk of a traffic accident was acquitted in the first trial.

According to the court on the 23rd, Judge Son Jeong-yeon of the Criminal Division 6 at the Seoul Eastern District Court acquitted Mr. A, who was charged with violating the Road Traffic Act, on the 17th.

Mr. A was prosecuted for driving about 10 meters from the road in front of a karaoke room in Seongdong-gu, Seoul, to the building's parking lot on June 30th with a blood alcohol concentration of 0.032%. After an argument with the designated driver, who parked the car in a no-parking zone instead of the karaoke building destination and got out, Mr. A drove the car himself to move it to the karaoke building's parking lot. The designated driver filmed this and reported Mr. A for drunk driving.

Judge Son stated, "Considering the distance the vehicle was moved, the risk posed to others' lives and safety by the defendant's actions was not significant," and ruled, "The defendant's act of driving was an act to avoid present danger to his own or others' legal interests, and there was a reasonable cause, thus constituting emergency necessity."

Article 22, Paragraph 1 of the current Criminal Act stipulates that acts to avoid danger to oneself or others shall not be punished when there is reasonable cause.

This content was produced with the assistance of AI translation services.