"Drank Alcohol but Not Drunk Driving"…Why Did the Court Acquit?

Fell Asleep in Car After Drinking... Vehicle Moved Several Meters
"Only Started Engine to Turn on Air Conditioner, Did Not Drive"

A man in his 20s who was prosecuted for driving a vehicle several meters while intoxicated was acquitted. This was because it was not proven that he drove intentionally.

According to a Yonhap News report on the 20th, Mr. A drank alcohol at a restaurant in Geumsan-gun, Chungnam Province, around 5 a.m. on September 10 last year, then got into his car parked in front of the restaurant with a friend. After waking up from sleeping in the car, Mr. A urinated nearby and got back into the car. At this time, the vehicle’s brake lights turned on and off several times before suddenly turning off, causing the car to move forward several meters. As a result, the vehicle collided with flowerpots and an outdoor air conditioner unit placed in front of the restaurant.

Even after the accident, Mr. A remained inside the car with his friend. Later, a nearby shop owner found Mr. A’s vehicle around 7:30 a.m. that day and reported it to the police. When the police arrived and conducted a breathalyzer test, Mr. A’s blood alcohol concentration was 0.130%, exceeding the license cancellation standard (0.08%). Mr. A was indicted on charges of violating the Road Traffic Act (drunk driving).

During the trial, Mr. A testified, "I slept in the car because I couldn’t get a substitute driver, and I remember starting the engine to turn on the air conditioner while sleeping, but I have no memory of driving. When I woke up in the morning, the car had hit items in front of the store."

Judge Jang Min-ju of the Daejeon District Court Criminal Division 11 recently acquitted Mr. A based on the road conditions at the time and Supreme Court precedents.

Judge Jang stated, "Considering that the road was a downhill slope, it is possible that the gear shift or other controls were accidentally touched. If the defendant had intended to drive the vehicle, it is unlikely that he would have continued sleeping inside the car, leaving the vehicle as it was after the accident."

Previously, in April 2004, the Supreme Court ruled that if a vehicle moves because the gear was touched without the intention to move the car, or if the car moves due to unstable parking conditions and road circumstances, it does not constitute driving.

The prosecutor appealed the first trial verdict.

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