Court Sentences Driver to 5 Years in Prison for 'Eulwangri Drunk Driving Accident'... Passenger Receives Suspended Sentence

Driver (left) and passenger involved in the Eulwangri drunk driving accident.

[Asia Economy Reporter Choi Seok-jin] The driver responsible for last year's 'Eulwangri drunk driving accident' was sentenced to five years in prison.

Regarding the passenger, who attracted attention for whether the so-called 'Yoon Chang-ho Act'?which strengthens penalties for fatal drunk driving accidents under the amended Act on the Aggravated Punishment of Specific Crimes (hereinafter referred to as the Special Act) and the amended Road Traffic Act that tightens driver's license suspension and cancellation criteria?would apply, only the charge of aiding drunk driving was recognized, and a suspended sentence was handed down.

On the 1st, Judge Kim Ji-hee of the Incheon District Court Criminal Division 3 sentenced A (35, female), who was detained and indicted on charges of reckless driving causing death under the Special Act (Yoon Chang-ho Act) and drunk driving under the Road Traffic Act, to five years in prison.

Additionally, B (48, male), the passenger who was indicted without detention on charges of reckless driving causing death under the Special Act and aiding drunk driving under the Road Traffic Act, was sentenced to six months in prison with a two-year probation. Judge Kim only recognized the charge of aiding drunk driving against B.

Regarding A, Judge Kim stated, "The defendant has admitted to the crime and acknowledged the wrongdoing," but added, "At the time, the blood alcohol concentration was considerably high, and forgiveness was not obtained from the victim's family."

He continued, "The defendant exceeded the speed limit by 20 km/h and drove in the wrong direction, causing the accident," and explained the sentencing rationale by saying, "Considering the very serious outcome of the victim's death."

On why the charge of violating the Yoon Chang-ho Act applied by the prosecution to B was not recognized, Judge Kim explained, "A drove under her own determination and will," and "It is difficult to see that B had a duty of care in the course of work by supervising or directing A's driving or had a special relationship that imposed such a duty."

A was detained and indicted on charges of driving a Mercedes-Benz passenger car under the influence of alcohol, crossing the center line and driving in the wrong direction on a road near Eulwangri Beach in Jung-gu, Incheon, in the early morning of September 9 last year, hitting C (male, 54 at the time of death), who was delivering chicken on a motorcycle, causing his death.

At the time, A's blood alcohol concentration was 0.194%, far exceeding the license cancellation threshold (0.08%), and it was found that she drove 22 km/h over the speed limit (60 km/h).

B opened the door of his company's corporate vehicle with a remote controller so that A, who had been drinking together before the accident, could get into the driver's seat, and they boarded the vehicle together.

The prosecution judged that B's actions went beyond merely aiding drunk driving and effectively encouraged it, and thus prosecuted both A and B under the 'Yoon Chang-ho Act.'

At the sentencing hearing held on February 25, the prosecution requested 10 years in prison for A and six years for B.

This is the first case where the Yoon Chang-ho Act was applied and prosecuted against a passenger in a drunk driving vehicle.

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