Singer Kim Ho-jung,
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, A blood alcohol concentration of 0.03% or higher is required for punishment… Difficult to confirm the measurement due to delayed testing.
Similar to the Lee Chang-myeong case…”Various circumstances such as fleeing and concealing evidence will be taken into account in the prosecution”,
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, Trot singer Kim Ho-jung (33) is under investigation for reckless driving and suspicions have surfaced that he may have caused an accident while driving under the influence of alcohol. However, the delayed blood alcohol concentration measurement conducted 17 hours after the accident is seen as a variable in proving the allegations. Some predict that similar to the case of broadcaster Lee Chang-myeong in 2017, even if prosecuted, Kim could be acquitted. ‘,
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, According to the police on the 19th, there are signs that Kim may have consumed alcohol before the accident. The police initially received urine test results from the National Institute of Scientific Investigation on the 17th, indicating that alcohol was detected in his urine, suggesting that there was alcohol consumption before the accident due to the presence of alcohol metabolites in urine, about 20 hours after the accident. ‘,
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, Kim refused to cooperate with the police’s attendance request after the accident but appeared 17 hours later to undergo alcohol testing. CCTV footage showing him leaving an entertainment venue and calling for a chauffeur to take him home before the accident was also made public. Particularly, it was revealed that Kim directly asked his manager, “I had an accident while driving under the influence. Please go to the police for me.” ‘,
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, It was also reported that before the accident, Kim was seen dining at a restaurant before visiting an entertainment venue, where it was speculated that alcohol was part of the gathering. However, it is not confirmed whether Kim actually drank alcohol with his companions. There are also possibilities that the police conducted a search at an entertainment establishment in Cheongdam-dong, Gangnam-gu, Seoul, where Kim stayed before the accident. ‘,
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, However, there is debate over whether these circumstances can serve as evidence to prove the allegations. According to the current Road Traffic Law, a driver must have a blood alcohol concentration of 0.03% or higher to be charged with drunk driving. Usually, after 8-12 hours post-drinking, breathalyzer tests are unable to confirm alcohol consumption. Police sometimes use the “Widmark formula” to estimate blood alcohol concentration based on the type of alcohol consumed, body weight, and time passed. However, since the initial concentration value for retrograde calculation is required, it is difficult to apply it to a driver who conceals their activities for a long period. ‘,
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, Analyzing metabolites in hair and urine to confirm alcohol consumption can only determine the presence of alcohol and not accurately measure blood alcohol concentration. ‘,
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, Therefore, many people are reminded of the case of broadcaster Lee Chang-myeong (55) when they look at Kim’s case. In April 2017, Lee was reported for a traffic accident and was brought to trial for drunk driving about 9 hours later, but he was acquitted. At that time, the standard blood alcohol concentration for drunk driving enforcement was lowered from 0.05% to 0.03% (June 2019). Prosecutors claimed that using the Widmark formula suggests that Lee’s blood alcohol concentration at the time of the accident was estimated to be over 0.05%, but this was not accepted. The court stated, “There is a reasonable suspicion that he drank and drove, but because the amount of alcohol consumed and the speed of alcohol consumption were not measured, it cannot be proven that he drove with a blood alcohol concentration of 0.05% or higher at that time.” ‘,
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, The Road Traffic Law imposes penalties of up to 5 years in prison or fines of up to 15 million won for “neglecting action after an accident” if a driver involved in an accident fails to take the necessary actions. However, for first-time offenders with no casualties, the penalties are usually limited to a fine. The punishment for drunk driving, which is up to 5 years in prison or a fine of up to 20 million won, is relatively lower than for other offenses. ‘,
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, Kim’s side strongly denies the drunk driving allegations, stating, “I may have held a glass to my mouth, but I did not drink.” They have even appointed a lawyer who used to be a high-ranking prosecution official. Kim also mentioned during a concert held the previous day that “the truth will be revealed,” expressing his position that he is unfairly accused. The taxi driver involved in the collision with Kim’s vehicle reportedly suffered injuries and is receiving medical treatment. ‘,
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, In the legal community, it is suggested that if investigations confirm Kim’s and his agency’s organized attempts to cover up evidence in their handling of the accident, such as hit-and-run, false confession by the manager, driver substitution, removal of black boxes, and police attendance 17 hours later, additional charges such as obstruction of justice or destruction of evidence could be added. ‘,
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