A petition posted last November urging strict punishment for the perpetrator at the Blue House. Photo by Blue House National Petition Board capture
[Asia Economy Reporter Seoyoung Kwon] There have been criticisms that the one-year prison sentence without labor given to a driver who caused a "cutting-in accident" by abruptly merging in front of a city bus while driving is excessively lenient, even after the appeal trial.
The Criminal Division 3-2 of Changwon District Court (Presiding Judges Seongyeol Yoon, Gipung Kim, Jaeyong Jang) recently sentenced A (59), who was prosecuted for violating the Special Act on Traffic Accident Handling, to one year in prison without labor, the same as the original trial. On December 16, 2019, A was driving his Rexton SUV on a road in Jinju city when he cut in front of a city bus, causing an accident. As a result, B, a female high school senior who was about to sit in a bus seat, was thrown out and suffered severe injuries including paralysis of all four limbs.
The appellate court dismissed both the defendant's and the prosecution's appeals, stating, "The defendant admits to the crime and is a first-time offender with no prior convictions." It also noted, "Since the vehicle driven by the defendant was covered by comprehensive automobile insurance, compensation will be paid to the victim. Considering the balance with sentencing in similar cases, there are no special circumstances to change the original sentence after the first trial."
However, B's family and netizens expressed negative reactions to the court's ruling. In particular, the victim's family condemned the court on the 1st for imposing a sentence that excessively reflected only the defendant's position. They claimed that A never apologized throughout the trial, never visited the hospital, and continuously demanded a criminal settlement to reduce his sentence. B's family also voiced their frustration, saying, "The perpetrator will serve one year and then enjoy life, but we have to care for our child until we die."
Meanwhile, the local legal community analyzed that there were unavoidable aspects in the court's decision. While understanding the victim and family's sorrow, they pointed out that under the current sentencing guidelines, it is not possible to impose a harsher sentence simply based on public sentiment. However, they added that since there are unreasonable parts in the existing sentencing guidelines, it is necessary to consider revising the Special Act on Traffic Accident Handling or strengthening punishments for traffic accidents caused by cutting-in.
At the first trial, the prosecution had requested a four-year prison sentence for A, but the court took into account his lack of prior convictions and insurance coverage and sentenced him to prison without labor. At that time, a petition titled "Strict punishment for the perpetrator without apology in the Jinju high school girl's paralysis traffic accident" was posted on the Blue House's public petition board, gaining over 200,000 signatures. In response, the Blue House stated, "We ask for your understanding that it is difficult to respond to matters inherent to the judiciary," and added, "We will propose alternatives such as installing cameras in areas with frequent traffic accidents to prevent recurrence."
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