"First Trial Public Opinion Trial, Unfair Sentencing"… Eulwangri Drunk Driver's Lawyer Claims in Appeal Trial

Driver of the drunk driving vehicle in Eulwangri, Incheon (left in the photo) and passenger [Photo by Yonhap News]

[Asia Economy Reporter Park Hyesook] The defense attorney of a drunk driver who fatally struck a man in his 50s delivering chicken near Eulwangri Beach in Incheon last September argued in the appellate trial that "the first trial was a trial by public opinion," claiming the sentencing was unfair.

The first appellate trial for A (35, female), who was detained and indicted on charges including causing death by dangerous driving under the Specific Crimes Aggravated Punishment Act (Yoon Chang-ho Law), was held on the 9th at the Incheon District Court Criminal Appeals Division 2 (Presiding Judge Lee Hyun-seok).

On that day, A’s defense attorney stated, "At the first trial, the defendant wanted to appoint a private defense attorney, but everyone refused, and ultimately, through the court-appointed attorney, she could not actively express her opinions," adding, "The defendant wishes to receive a proper defense in the appellate trial."

A received assistance from a court-appointed attorney during the first trial but signed a contract with a law firm and hired a private attorney ahead of the appeal.

At the trial, her attorney requested to call A’s same-sex friend, who was present at the drinking party before the drunk driving accident, as a witness, and the court accepted the request.

The defense explained, "We do not deny the facts of the indictment, but we want to confirm several points, such as the circumstances that led the defendant to join the drinking party, through witness examination."

The attorney for B (48, male), who was a passenger in the vehicle driven by A at the time of the accident, also stated at the trial that "the first trial’s sentence was somewhat heavy, so we appealed on the grounds of unfair sentencing."

B, who was subject to the Yoon Chang-ho Law along with A, was acquitted in the first trial but was found guilty only of aiding and abetting drunk driving.

The prosecution applied to call A as a witness to prove B’s violation of the Yoon Chang-ho Law. The witness examinations of A and her same-sex friend are scheduled to be held at the Incheon District Court on the 16th of next month.

Previously, on April 1, the first trial court sentenced A to five years in prison and B to six months in prison with a two-year probation.

A was detained and indicted on charges of driving a Mercedes-Benz passenger car about 400 meters while intoxicated near Eulwangri Beach in Incheon last September and fatally striking C (54, male at the time of death), who was delivering chicken on a motorcycle.

At the time, the Mercedes-Benz driven by A exceeded the speed limit (60 km/h) by 22 km/h, crossed the center line, and drove in the opposite lane. A’s blood alcohol concentration was 0.194%, far exceeding the license cancellation threshold (0.08%).

B was indicted on charges of effectively causing drunk driving by opening the door of the Mercedes-Benz, owned by his company’s corporation, with a remote controller so that A, who had been drinking together before the accident, could get into the driver’s seat.

The prosecution judged that B did not merely aid and abet A’s drunk driving but actively encouraged it, applying the Yoon Chang-ho Law to both. Notably, B was the first passenger to be indicted under the Yoon Chang-ho Law.

However, the first trial court ruled that "the duty of care while driving is principally imposed only on the driver unless there is a command or contractual relationship between the driver and the passenger," acquitting B of violating the Yoon Chang-ho Law.

Regarding A’s statement that "B made me drive," the court found inconsistencies and deemed it unreliable, acquitting B of instructing drunk driving and recognizing only the charge of aiding and abetting drunk driving as guilty.

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