A driver who hit and killed a teenager while driving drunk appealed, saying, "I admit I drank, but I was capable of driving," but the court upheld a six-year prison sentence.
According to the legal community on the 9th, the Criminal Division 2 of the Uijeongbu District Court (Presiding Judge Lee Tae-young) dismissed the appeal and handed down the same six-year prison sentence as the lower court to a defendant surnamed A, who was indicted on charges of dangerous driving resulting in death under the Act on the Aggravated Punishment of Specific Crimes.
In September last year, A drank 10 bottles of soju with three friends and then drove a car in the early morning of the 29th. A friend who was with A at the time, B, said, "I trust you," and instead encouraged A to drive and got into the passenger seat.
While speeding at 118 kph from Mangwolsa Station toward Hoeryong Station in Uijeongbu, A hit and killed an 18-year-old male, C, who was riding an electric kickboard. At the time, A's blood alcohol concentration was 0.155%, exceeding the license revocation threshold (0.08%).
During the trial, A admitted to drinking but argued that driving was possible at the time. However, the court of first instance rejected the claim, citing that before the fatal crash A committed nine instances of reckless driving, including running red lights, exceeding speed limits, and failing to maintain a safe distance, and that A's blood alcohol level was high.
In the appeal trial, A again argued that driving was not difficult despite drinking. The appellate court, however, made a comprehensive judgment of the circumstances and dismissed A's claim.
As for friend B who was present, the court said B "went beyond merely riding in the vehicle and made remarks that appeared to encourage the defendant's speeding," and imposed a fine of 5 million won.