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A drunk driver who avoided charges of violating the so-called Yoon Chang-ho Act in the first trial because his eyes looked clear at the time of the breath test was convicted on appeal.
According to the legal community, the 3rd part of the Daejeon District Court's Criminal Investigation Division (Chief Judge Moon Bo-kyung) sentenced A (51) to 4 years in prison for crimes such as dangerous driving under the Act on Aggravated Punishment of Specific Crimes, etc.
Mr. A was driving a van in the middle of the night in September last year while drinking alcohol and while turning left in violation of a signal, he collided with Mr. B (23)'s motorcycle coming from the opposite side.
B, who was about to enlist, was taken to the hospital, but died about three hours later.
At that time, the blood alcohol level of Mr. A was found to be 0.120%, which is the level of license revocation.
Instead of acquitting the prosecution for violating the Yoon Chang-ho Act, which the prosecution applied when prosecuting Mr.
This is because the prosecution did not fully prove that Mr. A was drunk, but caused the accident while driving normally.
The court ruled, "If you look at the picture at the time of the drinking test, the defendant's eyes are relatively clear."
However, the Court of Appeal overturned the original judgment.
The court said, "Until just before the accident, the defendant could not find the victim's motorcycle at all."
“If I had been able to drive normally, I would not have made a reckless and illegal left turn,” he added.