A man in his 40s who drank half a bottle of soju after a car accident, court “intentional act”…Court detention
6 months imprisonment… A 40-year-old man in his 40s who drank half a bottle of
soju after a car crash without resolving the accident after a car crash was found guilty of drunk driving, but the court judged that it was an intentional act to hide drunk driving and sentenced him to prison and arrested him in court. did안전놀이터.
On the 12th, Chief Judge Kim Do-hyeong of the Wonju Branch of the Chuncheon District Court sentenced Mr. A (49) to 6 months in prison for violating the Traffic Accident Handling Special Act (injury) and the Road Traffic Act (drunken driving) and arrested him in court.
Mr. A drove a car at around 7:27 am on September 6 last year and did not fulfill his duty of care while making a left turn in an unprotected left turn section on a one-way two-lane road in Wonju City. done.
Mr. A’s behavior after the accident was not typical. At around 7:40 am, 13 minutes after his accident, Mr. A entered a nearby restaurant and took out soju and drank it. That was before the police or insurance companies arrived. According to the report of suspicion of drunkenness, the result of Mr. A’s blood alcohol level measurement, which was made about an hour after the accident, was 0.112%, and the charge of drunk driving was also included in the indictment along with the special law. At the trial, Mr. A argued, “I only drank soju after the accident (following drinking) because of my panic disorder, and it is not possible to say that drunk driving was proven with only the numbers calculated according to the uniform Widmark formula, so drunk driving is innocent.” did.
The court applied numerical values such as body absorption rate and Widmark constant so that the ‘blood alcohol concentration increase due to follow-up drinking’ was calculated the highest. This is because in this case, in which the blood alcohol concentration at the time of the accident is estimated by deducting the increase due to subsequent drinking, the higher the increase, the better for Mr. A. The actual alcohol content of the soju she drank was 16.5%, but as Mr. A insisted, the alcohol content was increased to 16.9%.
The judge determined that 0.0452% of this figure, minus the drinking level of 0.112% measured at the scene immediately after the accident, was Mr. A’s blood alcohol level at the time of this case. The drunk driving crackdown standard is 0.03% or more.
The judge said, “If you look at the defendant’s appearance filmed on the restaurant’s CCTV, it cannot be said that his panic disorder is serious enough that drinking is more urgent than rectifying the accident. ” . “If the defendant did not recognize that he was driving under the influence, he would not have taken such an action that could raise suspicion of driving under the influence,” he said. he explained.