'Drunk driving defense experts' brazenly share tactics online to skirt penalties
Singer Kim Ho-joong, accused of a drunk driving hit-and-run, leaves the Seoul Central District Court in Seoul, after attending a warrant hearing on Friday. Newsis
The arrest of trot and popera singer Kim Ho-jung, 33, for a drunk driving hit-and-run was primarily due to his false statements and attempts to destroy evidence immediately after the incident, tactics commonly used by drunk drivers to evade the law.
There are even so-called "drunk driving defense experts" who offer legal advice on how to avoid penalties, and notably, acquittals in drunk driving cases are not uncommon.
Drunk drivers share information online to avoid penalties by creating KakaoTalk open chat rooms, where they recruit members and share detailed information such as blood alcohol concentration, number of offenses and the investigation stage.
These groups exchange advice on how to handle being caught for drunk driving, drawing on personal experiences and suggestions from others.
Common strategies to reduce sentences include recommendations like "Leave the car and flee the scene after being tested," "Destroy the black box memory card," "Prepare a blood donation history" and "Write an honest letter about financial difficulties in the reflection letter."
There are even discussions on circumventing the upcoming mandatory installation of alcohol ignition interlock devices for repeat offenders by suggesting the use of leased cars.
Professionals targeting these drivers thrive, offering paid services to ghostwrite reflection letters, provide certificates for drunk driving prevention education, and offer detailed consultations and case studies on reducing penalties.
Lawyers specializing in drunk driving cases are also in high demand. Legal consultation fees for drunk driving cases start at 50,000 won ($37) for 30 minutes, with retainers ranging from 500,000 won to 5 million won.
These lawyers provide comprehensive guidance on everything from immediate actions following the incident to statements during police investigations and negotiating settlements with victims.
The trot singer Kim himself hired Jo Nam-gwan, a former acting prosecutor general, to handle his case right after the incident.
An open chat room for drunk drivers is filled with advice on the investigation and trial process. Captured from the open chat room
Evasive tactics often succeed
A notable method is the "alcohol chugging" technique, where individuals drink alcohol post-incident to avoid accurate testing. Kim was reported to have bought and consumed beer at a convenience store immediately after his accident.
In 2019, a truck driver, Mr. A, bought soju and a sports drink at a nearby convenience store after a drunk driving accident in North Jeolla Province. Initially convicted in the first trial, A was acquitted on appeal.
The presumption of innocence principle was applied, favoring the defendant when precise alcohol measurement was impossible. To prevent such cases, the prosecution recently recommended that the Ministry of Justice establish regulations to penalize post-accident drinking.
Refusing to undergo breathalyzer tests is another tactic that has proven effective. In January, a man in his 30s, Mr. B, was charged with refusing a breathalyzer test after causing a disturbance when police arrived following his drunk driving incident in Busan. Mr. B claimed, "I was drunk driving, but I was never asked to take a breathalyzer test."
The police officer said, "The defendant was too intoxicated to be asked for a breath test, so we arrested him on the spot." However, the court sided with Mr. B, stating, "There is no proof that a breath test was requested."
As a result, refusals to take breathalyzer tests are becoming more frequent. According to the National Police Agency, while the number of drunk driving incidents decreased from 140,445 in 2018 to 100,291 in 2022, the number of refusals to take breathalyzer tests has been increasing, rising from 2,684 in 2019 to 3,920 in 2022.
Numerous other acquittals suggest the use of loopholes. In April last year, the Seoul Northern District Court acquitted a defendant whose blood alcohol concentration was measured within 90 minutes after drinking, ruling that it was difficult to determine the exact level at the time of the accident.
Police conduct checks for drunk driving near the Seoul toll gate on an expressway in Seongnam, Gyeonggi Province. Yonhap News
Call for stricter enforcement of laws
Experts said that rather than increasing penalties, the strict application of existing laws is necessary.
Lee Woong-hyuk, a professor of police science at Konkuk University, said, "Since the implementation of the Yoon Chang-ho Act (enhanced penalties for drunk driving), merely increasing penalties has led to more evasive tactics rather than preventing recidivism. It is necessary for not only traffic police but also local police stations to conduct continuous enforcement."
Prof. Lee highlighted the need to develop tracking technologies, such as the Widmark formula for estimating post-incident blood alcohol concentration and alcohol metabolite testing.
Some advocate for strict penalties upon detection of drunk driving.
A legal expert said, "It has been proven that evasive tactics work because drunk drivers are not properly punished. The arrest of Kim Ho-jung should be a turning point for strict enforcement against drunk driving."
This article from the Hankook Ilbo, sister publication of The Korea times, is translated by generative AI and edited by The Korea Times.