Popular idol group 2PM's Nichkhun recently caused an automobile accident under the influence of alcohol. According to sources, Nichkhun hit a motorcycle with his car, causing the rider to be immediately admitted to the hospital and his blood alcohol content was 0.056%. The press is currently reporting that Nichkhun's license was suspended and his legal consequences will depend on the condition of the injured biker. However, there are more elements at play than that.
Nichkhun is still of Thai citizenship, but that does not exempt him from prosecution according to Korean criminal law. Operating a vehicle at a BAC level above 0.05% can result in 6 months in prison or a fine of 3,000,000 won. For damaging the motorcycle and any injuries to the biker could have been covered by Nichkhun's auto insurance had he not been under the influence. However, because it is thought that his drinking could have caused the accident, he will be punished for his DUI as well as the accident even if the biker was at fault.
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However, the accident happened in a residential neighborhood and official believe that the biker cannot have been 100% at fault. This is why Nichkhun will not only be prosecuted for his drinking and driving but also injuring another person as a result of his DUI. This could result in an increase in his sentence to up to 5 years or 20,000,000 Won worth of fines.
The press has also been reporting that Nichkhun's license was suspended but this may not be true. Because he caused an accident and was also above the legal drinking limit, his license could be revoked and he may have to wait another year to get his license again.
It is also possible that Nichkhun will not have to face charges if the biker is reported to be unharmed. However, according to hospital officials, the biker is still undergoing treatment and it has been reported that the biker is experiencing difficulty walking or having any sort of movement. It looks like Nichkhun will not be able to argue that the accident did not harm the biker, which would be due cause for cancellation of his driver's license.
If the biker is able to negotiate with Nichkhun and release an official statement saying that he is not significantly injured, Nichkhun may be able to get away with paying the fines and suspension of his license. However, because many people saw the CCTV security tapes and reports of hospitalization of the biker (along with descriptions of his possible injuries), if the police were to let Nichkhun go under those circumstances, they may face public scrutiny and criticism.
Meanwhile, fans are speculating what will happen to Nichkhun's further schedule and activities in Thailand, Taiwan with his new movie, and in Japan.