Man found ”not guilty” for drunk driving after causing fatal accident... Judge says ”not innocent” = Korean media

A man in his 50s who caused a fatal accident while driving drunk 10 years ago was found not guilty after driving again and refusing to take an alcohol test. After an arrest where due process was not followed.
This is because an alcohol test was conducted. On the 30th, the Uijeongbu District Court Namyangju Branch held a sentencing hearing for Defendant A (53), who was charged with refusing to take a breathalyzer test.
He announced that he was acquitted. In the early hours of February 5 last year, defendant A drank a bottle of soju and 500 cc of beer at a pub in Namyangju, Gyeonggi Province, and was driving his own car home when he approached the police.
It was stopped. At that time, the police, who were dispatched to the scene after receiving a report from a witness, tried to measure alcohol levels at the scene, but defendant A did not comply with the police's requests.
Defendant A, who had a history of causing a fatal accident while driving drunk about 10 years ago, drove about 10 kilometers from his home on this day.
It has been confirmed that he continued to flee even though he was accused by witnesses who chased him and suspected Drunk Driving.
At around 1:10 a.m. on that day, a police officer who was dispatched after receiving a report confronted defendant A.
The police separated the people in the stands and demanded that Defendant A take an alcohol test three times, but he refused, and was arrested red-handed.
However, the lawyer for Defendant A argued that Defendant A, an ordinary private citizen, was essentially arrested by citizens during the trial and that the police
He pointed out that in the process of taking over the case, the police had not informed the defendant that he would be arrested on suspicion of drunk driving, and had not prepared a report of the crime.
The judge in charge of the trial acquitted Defendant A, but said, "Even if he caused a fatal accident while drunk driving, he will not drink again.
The defendant was charged with drunk driving, but because the breathalyzer test was requested after the arrest without due process, we have no choice but to declare him innocent.
The judge also expressed his mixed feelings, saying, "My conscience as a judge is to follow the principle of due process, but the principle of due process is a civilized
``I don't know if it's appropriate to observe due process in the barbaric age in which the defendant is trying to live,'' he said, expressing skepticism.
He continued, ``The defendant's crime requires a sentence of at least three years in prison, and just because he is acquitted does not mean that the defendant is free of guilt.''
``If I see you again in this courtroom because of (the defendant's) Drunk Driving, I assure you, I will sentence you to the maximum penalty allowed by law,'' and then read out the main sentence of his innocence.