20-year-old drunk hit-and-run found not guilty on dangerous driving charges... why?

Sentenced to ‘2 years probation’

A driver who caused an accident while drinking and driving with a blood alcohol concentration of about 0.170%, then ran away and then surrendered himself, was found not guilty of ‘dangerous driving’ in court.
 
The court pointed out, “Just because you drive while drunk does not immediately mean that you are in a state that makes normal driving difficult.”
 
According to the legal community on the 21st, Daejeon District Court 5-3 Criminal Division (Presiding Judge Lee Hyo-seon) found Mr. A, a man in his 20s, not guilty of dangerous driving, as in the first trial, who was indicted on four charges, including causing injury by dangerous driving, causing death by fleeing, causing injury after an accident, and drunk driving.
 
However, the remaining three charges were acknowledged and sentenced to eight months in prison and two years of probation.
 
Mr. A was driving after drinking at around 0:01 on December 12, 2021, and collided with a vehicle that entered the intersection from the other side at Jangsan Intersection in Taean, South Chungcheong Province.
 
The other vehicle was damaged by the impact and four people in their 20s in the car were injured, but fled without taking any action. However, he immediately returned and surrendered himself to the police, and Mr. A's blood alcohol level measured at that time was 0.170%.
 
The prosecution claimed that Mr. A injured the victim because he was not careful due to the influence of alcohol.
 
According to Daeryun Law Firm, if your blood alcohol level is 0.1% or higher, you are usually sentenced to 1 to 2 years in prison or a fine of 5 to 10 million won. Under the current law, a person is punished for drunk driving even if the blood alcohol concentration is only 0.03%, and the prosecution also used this situation as a basis.
 
However, the 1st and 2nd trial courts found that Mr. A was not guilty of causing injury by dangerous driving.
 
The court cited the following as grounds: △ Mr. A, who was stopped at the stop line, moved slowly when the traffic light changed to a flashing signal at midnight and two other vehicles crossing the intersection passed; △ When Mr. A's vehicle passed through the middle of the intersection, the victim's vehicle entered the intersection late at a considerable speed without slowing down from the side; △ The fact that the victim's vehicle, which discovered Mr. A's vehicle late, turned to the right.
 
In addition, it was pointed out that just because Mr. A drove while drunk at a level of 0.170%, it does not immediately mean that he was in a state that made normal driving difficult.
 
The first trial court found that the main fault of this accident was the victim's vehicle, and the second trial court also ruled that the accident occurred due to a combination of the victim's negligence and Mr. A's negligence in neglecting his duty to look left and right.
 
The second trial court explained the reason for sentencing by saying, “If we add the circumstances that the original trial used as the basis for innocence and the facts and circumstances based on the evidence legally adopted, it is difficult to say that the evidence presented by the prosecutor alone proved that ‘normal driving is difficult due to the influence of alcohol.’” “Because there is no violation of factual misconception or misunderstanding of legal principles claimed by the prosecutor in the original trial’s judgment of innocence, we do not accept the appeal for the ‘dangerous driving injury’ portion,” and explained the reason for sentencing.
 
Meanwhile, if you are caught for drunk driving, you will be subject to both criminal and administrative sanctions.
 
If your blood alcohol concentration is 0.03% or more but less than 0.08%, you will be subject to 100 demerit points (100-day license suspension). If your blood alcohol concentration is 0.08% or higher, your driver's license will be revoked for one year.
 
At this time, anyone who refuses to take a breathalyzer test will also have their license revoked for one year, and anyone who has been caught more than twice will have their license revoked for two years.

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