US Soldier’s Shocking DUI Car Theft in Korea: What Happened Next?

Crime Committed in Ikseon-dong, Jongno-gu, Seoul
Action Taken Against US Forces in Korea

A USFK(United States Forces Korea) member who was under the influence of alcohol and stole a car parked on the street was apprehended by the police.

On the early morning of the 10th, around 4:10 AM, the Jongno Police Station arrested a man in his 30s, identified as Mr. A, on theft charges and drunk driving on a road in Ikseon-dong, Jongno-gu.

Mr. A, affiliated with the U.S. military, is accused of stealing a car from the street while intoxicated and driving it for approximately 500 meters. The police arrested Mr. A after receiving a report that a car parked on the road had disappeared.

At the time of the arrest, Mr. A’s blood alcohol content was over 0.08%, which is the level for license suspension. There were no personal or property damages caused by drunk driving. Mr. A stated during the police investigation that he committed the offense impulsively under the influence of alcohol.

A police official stated, “There are no signs of narcotics based on preliminary substance testing,” adding, “Under the Status of Forces Agreement (SOFA) between the United States and South Korea, Mr. A has been handed over to the U.S. military.”

Article 22, Paragraph 5 of SOFA, which regulates criminal jurisdiction, stipulates that U.S. military suspects who commit 12 major crimes, including murder, can only be transferred from the U.S. military to Korean custody after prosecution, not during initial police investigations. It allows for detention only during on-site arrests for heinous crimes such as murder and rape.

SOFA is an agreement between the United States and South Korea concerning U.S. forces stationed in South Korea. After the 1966 U.S.-Korea SOFA was established, concerns over various crimes committed by U.S. military personnel became a serious social issue in the 1980s. As a result, the authorities amended SOFA in 1991 and 2001.

In a recent case where SOFA was applied, the South Korean government was found partially liable in a Supreme Court ruling regarding an accident in which a South Korean military armored vehicle was rear-ended by a drunk driver, resulting in the deaths of four people, including the driver.

On August 26, 2020, on a road in Pochon, Gyeonggi Province, a drunk driver crashed into a U.S. military armored vehicle that was driving ahead. The accident resulted in the deaths of all four occupants, including the driver, Mr. A.

At the time, Mr. A’s blood alcohol content was extremely high, at 0.193%, well above the legal limit for alcohol impairment (0.08%). Moreover, the U.S. military armored vehicle had only one dim rear light on and did not have escort vehicles, violating road traffic laws and U.S. military regulations. The accident occurred late at night and during rainfall.

Samsung Fire & Marine Insurance, the insurer of the accident vehicle, paid a total of US$190K in compensation for the deaths of two passengers. They also sued the U.S. military for being responsible for the accident and demanded approximately US$56K as restitution.

On July 13 of the same year, the Supreme Court determined that there was negligence on the part of the U.S. military armored vehicle in the accident involving a drunk driver colliding with it in Pochon, Gyeonggi Province. It concluded that the South Korean government should provide partial compensation.

Under SOFA, when a member of the U.S. military stationed in South Korea causes harm to a third party other than the South Korean government while performing official duties, the responsibility for compensation lies with the South Korean government.

By. Lee Beom Hee (heebe904@wikitree.co.kr)