"Clear Eyes" Drunk Driver Acquitted Under Yoon Chang-ho Law Found Guilty on Appeal

Court: "Recognized only after hearing others immediately after the accident... Decreased attention and judgment"

The drunk driver, who was acquitted in the first trial for violating the Yoon Chang-ho Act due to having clear eyes at the time of the accident and remembering the details of the accident vividly, was found guilty in the second trial.
[Image source=Yonhap News]

[Asia Economy Reporter Kim Seohyun] The first trial ruling that did not recognize the violation of the Yoon Chang-ho Act by a drunk driver on the grounds that "his eyes were clear at the time of the alcohol test" was overturned in the appellate trial.

On the 24th, the Criminal Appeals Division 3 of Daejeon District Court (Presiding Judge Moon Bokyung) announced that A (51) was sentenced to four years in prison for charges including causing death by dangerous driving under the Act on the Aggravated Punishment of Specific Crimes.

In September last year, A was driving a van while intoxicated late at night and collided with B (23)'s motorcycle coming from the opposite direction while making an illegal left turn after running a red light.

B was taken to the hospital but died after about three hours. It was reported that B was about to enlist in the military. At the time of the accident, A's blood alcohol concentration was measured at 0.120%, which is at the license cancellation level. He had previously been fined for drunk driving in 2007 and 2013.

The first trial court acquitted A of violating the Yoon Chang-ho Act, which the prosecution applied when indicting him. The court stated, "Although A was intoxicated, the prosecution failed to fully prove that he caused the accident while in a condition that made normal driving difficult."

It also ruled, "Looking at the photo taken during the alcohol test, the defendant's eyes were relatively clear," and "He recalled the details of the accident relatively well during the investigation conducted the next day." The court sentenced A to three years in prison for causing death under the Special Act on the Treatment of Traffic Accidents.

However, the appellate court overturned the original ruling. The court stated, "Until just before the accident, the defendant did not notice the victim's motorcycle at all," and "Even immediately after the accident, he only recognized the accident after hearing from others, indicating impaired attention and judgment."

It added, "If he had been in a condition to drive normally, he would not have made a reckless illegal left turn," and explained the sentencing by considering "the bereaved family's plea for severe punishment due to their mental suffering."

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