No Evidence That Kim Ho-jung Actually Did 'Sultagi,' Despite 'Kim Ho-jung Prevention Act' Being Created

Singer Kim Ho-jung was suspected of using the so-called ‘sul taki’ (mixing alcohol) method after a drunk driving accident, but investigations revealed a lack of evidence supporting this claim based on actual investigation records and circumstances. As criticism spread, the National Assembly even enacted the so-called ‘Kim Ho-jung Prevention Act,’ but whether Kim actually engaged in ‘sul taki’ remains a key issue in the trial.

Singer Kim Ho-jung attending the detention hearing. Photo by Yonhap News.

Has ‘sul taki’ been sufficiently clarified?

According to a comprehensive report by Legal News, there is considerable room for dispute over whether Kim engaged in ‘sul taki.’ Initially, the ‘sul taki’ issue was not prominently highlighted during the investigation stage. References to ‘sul taki’ appeared only about two pages in the police suspect interrogation records and just nine lines in the prosecution’s suspect interrogation records. This is minimal considering the entire investigation file consists of 11 volumes and 3,500 pages.

Kim’s actions after the accident also differ from the typical ‘sul taki’ method. Generally, ‘sul taki’ refers to a method where a person who caused a drunk driving accident drinks additional alcohol to make it impossible to determine the blood alcohol concentration at the time of the accident. In situations where a breathalyzer test is expected, the person buys a higher-proof alcohol than what was consumed at the time of the accident, pretends to drink it but mostly discards it, and then claims that the measured alcohol level is due to the additional drinking after the accident.

At the time of the accident, Kim’s manager was aware of the plan to falsely confess. Therefore, it was unlikely that a breathalyzer test was expected. The purchased alcohol was beer, which has a lower alcohol content than the soju Kim had consumed before the accident. Kim’s attorney, Lim Hye-jin (49, Judicial Research and Training Institute class 31) of Law Firm Dongin, pointed this out at the first appeal trial on the 12th, arguing, “If it were ‘sul taki,’ he would have drunk strong liquor, not canned beer.” She added, “(Kim) is a robust man in his 30s, so it is hard to believe he would choose such a drink to raise his blood alcohol concentration.”

Attorney Joo Young-hwan (55, class 27), a former chief prosecutor, said, “It is clear that Kim made a mistake,” but added, “However, it is harsh to endure criticism just because he is a famous celebrity when there was no act of ‘sul taki.’” A lawyer from a law firm with a police background also said, “Due to lies about not drinking and false confessions during the initial investigation, the fact that he purchased beer seems to have been exaggerated into suspicion of ‘sul taki.’”

The first trial court sentenced Kim to 2 years and 6 months in prison, citing as a reason for sentencing “the defendant’s overall attitude immediately after the crime, including purchasing beer before entering the motel.” However, the court did not make any specific mention regarding whether Kim drank additional alcohol.

Even nicknamed the ‘Kim Ho-jung Prevention Act’...

Following Kim’s case, the Supreme Prosecutors’ Office recommended to the Ministry of Justice the establishment of criminal penalties for ‘intentional additional drinking after a drunk driving accident,’ stating that “attempts to undermine the criminal justice system continue.” In November last year, the National Assembly passed an amendment to the Road Traffic Act prohibiting additional drinking intended to obstruct police breathalyzer tests and punishing it equally as refusal to take the test. This is known as the ‘Kim Ho-jung Prevention Act’ and will take effect from June.

Kim was prosecuted for allegedly hitting a taxi waiting at a signal on the opposite lane after crossing the center line with his Bentley passenger car in Apgujeong-dong, Gangnam-gu, Seoul, following a company dinner with his agency’s CEO and manager on May 9 last year (charged with dangerous driving causing injury under the Act on the Aggravated Punishment of Specific Crimes). He is also charged with instructing his manager Jang to falsely confess (obstruction of justice). After the accident, it was confirmed that Kim purchased beer at a motel, raising suspicions that he tried to conceal his drinking by using the so-called ‘sul taki’ method.

Ahn Jae-myung, Legal News Reporter

※This article is based on content supplied by Law Times.

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