Driving a Car 50cm While Drunk... "Is It Drunk Driving... Court's Judgment?"

Suspended Sentence with a 5 Million Won Fine by Court
"Guilt is Serious but Leniency Granted Considering Reason for Driving"

A intoxicated man was indicted for driving a vehicle about 50 cm. However, the court showed leniency considering the reason why the man drove under the influence.

According to the legal community on the 23rd, Mr. A was indicted for driving his passenger car parked on a road in Yuseong-gu, Daejeon, about 50 cm at around 2:22 a.m. on April 21 while intoxicated. At that time, Mr. A's blood alcohol concentration was 0.111%, which was at the level of license cancellation.

However, the Daejeon District Court Criminal Division 11 (Presiding Judge Jang Min-ju) sentenced Mr. A (44), who was tried for drunk driving, to a suspended sentence with a fine of 5 million won.

A suspended sentence means that guilt is acknowledged but sentencing is deferred, and after the period passes, it is considered dismissed (prosecution rights disappear and no indictment is made). It is a heavier punishment than a non-prosecution suspension but lighter than a probation. However, it only applies when a sentence of imprisonment or detention of one year or less, disqualification, or a fine is imposed, and there is an exception for those with prior convictions of disqualification or higher sentences.

Judge Jang stated, “The blood alcohol concentration was considerably high, and even driving a vehicle under the influence for a short distance carries a high risk of causing traffic accidents that damage people and property, so the culpability is not light,” but also took into account the reason why Mr. A took the wheel at that time.

At that time, Mr. A reportedly stated, “I drove the car because I was worried that the designated driver would have difficulty getting into the car due to the vomit beside the driver's seat.”

Judge Jang explained the sentencing reason, saying, “The driving distance was very short, it is hard to see that he intended to continue driving, and considering that he admitted his fault, reflected on it, and is a first-time offender.”

Meanwhile, last month in Gwangju, a man in his 50s who drank alcohol and called a designated driver but could not wait for the driver to arrive and drove about 10 meters was sentenced to a fine. It was reported that this man drove to move the car while waiting for the designated driver. He had previously committed the same crime in May 2018 and received a summary order with a fine of 3 million won.

Also, in 2021 in Ulsan, a man who drove his car about 10 meters while intoxicated and refused the police's request for a breathalyzer test was acquitted. At that time, the court ruled, “Although he was intoxicated, he moved the car about 10 meters to facilitate smooth traffic and prevent accidents with other cars, which is not drunk driving but an emergency escape.”

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