The court of appeals overturned the court judgment on charges of drinking alcohol, starting the engine, and moving the vehicle by about 3m.
Seoul Central District Court Criminal Affairs Division 5-2 (Judge Yoo Seok-dong, Lee Kwan-hyung, and Choi Byung-yul), who was accused of violating the Road Traffic Act (drinking and driving), sentenced Mr. A to a fine of 4 million won, unlike the first trial innocent. (30th) It was revealed.
Mr. A was accused of driving a 3m section while drunk in a parking lot in Gangnam-gu, Seoul around 11:20 p.m. on January 17 last year.
At the time, A's blood alcohol concentration was 0.179%, which was the level of license cancellation.
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At the time of the accident, CCTV showed Mr. A sitting in the driver's seat of the vehicle, starting the engine, and operating the heater while the gear is in driving (D).
At this time, the co-workers who drank with Mr. A tried to pull him down by putting themselves into the driver's seat, and in the process, the vehicle moved forward with the driver's door open and crashed into the power pole.
The first trial court accepted Mr. A's claim, "While waiting after calling a surrogate driver, and the vehicle moved because the gear was accidentally activated," he was acquitted.
The judge said, “If a car moves without the will or involvement of a person in the car, it is not considered driving under the Road Traffic Act.” “It was believed that the car was accidentally moved forward while colleagues were trying to pull Mr. A down. There is a lot of room.”
However, the second trial judge decided the opposite, saying, "It is correct that Mr. A deliberately drove while drinking alcohol."
The court
pointed out, "A seed is then yeoteumedo drunk drunk to ride in the car and walked the engine," said "appears to work colleagues, not Mr. A is called a surrogate article, which was acting to prevent drunk driving"
it.
"This vehicle is equipped with an automatic transmission, and in order to shift from parking (P) to driving (D), you must press and pull the button located on the gear lever handle while applying the brake.
" It is not
just that, it
is reasonable to
say that the
intention to drive is inherent to the extent of this shifting behavior
.”
The Supreme Court precedent, which was the basis for the judgment of the first instance, could not be applied in the case of Mr. A. "At least, it seems that he had the intention to drive when the vehicle departed from the parking lot, and as the intention to drive, the gear lever was set to drive and the brakes were removed. "I was driving while drunk."
As Mr. A himself stated, if he was sitting in the driver's seat for the purpose of waiting for a substitute driver and then started the engine for the purpose of turning on the car, there is no reason for his co-workers to hold onto and lower Mr. A's limbs, who are not trying to get out of the vehicle. Also judged.
The judge said, "The blood alcohol level of Mr. A was very high, and the risk was considerable by driving a vehicle even though the party was dry. There are already two times of punishment due to the same kind of criminal conviction," said the reason for the sentence.
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(Photo = Yonhap News)