"I Admitted Drinking but Was Capable of Driving"... Driver Who Caused Fatal Accident Appeals, but Receives Heavy Sentence

A driver who struck and killed a teenager while driving under the influence appealed his conviction, claiming, "I admit to drinking, but I was capable of driving." Nevertheless, he was sentenced to a heavy prison term.

According to the legal community on October 9, the Criminal Division 2 of the Uijeongbu District Court (Presiding Judge Lee Taeyoung) dismissed the appeal of Mr. A, who had been indicted for causing death by dangerous driving under the Act on the Aggravated Punishment of Specific Crimes, and upheld the original sentence of six years in prison.

In September last year, Mr. A shared ten bottles of soju with three friends and got behind the wheel in the early morning hours of the 29th. Rather than stopping him, his friend Mr. B encouraged him, saying, "I trust you," and took the passenger seat.

While driving at 118 km/h between Mangwolsa Station and Hoeryong Station in Uijeongbu, Mr. A struck and killed 18-year-old Mr. C, who was riding an electric scooter ahead of him.

At the time, Mr. A's blood alcohol concentration was 0.155%, exceeding the license revocation threshold.

During the trial, Mr. A admitted to drinking but claimed he was still capable of driving at the time.

However, the first trial court rejected Mr. A's argument, citing that he had committed nine traffic violations-including running red lights, exceeding speed limits, and failing to maintain a safe distance-even before the fatal accident, and that his blood alcohol concentration was significantly high.

Mr. A maintained in the appellate trial that he was not too intoxicated to drive, but the appellate court, after comprehensively reviewing the circumstances, dismissed his claim.

Regarding Mr. B, who encouraged Mr. A and aided his drunk driving, the court stated, "He not only rode in the vehicle but also made remarks that appeared to encourage the defendant's speeding," and imposed a fine of 5 million won.

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