People v. Lee CA2/8

BACKGROUND

Around midnight on April 21, 2019, Myoung left a bar at the intersection of 5th Street and Pico Boulevard and smoked a cigarette outside. Myoung was a regular customer at the bar. Although Myoung believed he had only a couple of beers at the bar, a subsequent blood test showed that his blood alcohol level was .243, which would be three times the legal limit for driving. Un Pyo Lee (Un Pyo) owned and ran the bar. She went outside the bar at the same time as Myoung, who was a regular customer. Un Pyo told investigating officers that Myoung was drunk, so she took his key and tried to call a taxi for him. They walked outside because she had another customer waiting for a taxi. They all stood outside smoking. At trial, Un Pyo testified she left the bar to see off another customer in a taxi and Myoung “coincidentally” came out of the bar at the same time to have a cigarette. According to Un Pyo, at some point, Myoung began to cross the street to go to his car. He left the corner and started to walk directly across the street but he was hit by appellant’s car when he reached the center lane. Un Pyo did not see appellant’s car before it hit Myoung because the car was going “so…