A 20-year-old drunk driver was sentenced to a suspended prison term in the second trial for suddenly accelerating a vehicle and causing injury while a quarreling lover was holding the front passenger door handle from outside. The sentence increased compared to the first trial, which imposed a fine, as more charges were found guilty. ▶Refer to Asia Economy March 1 article [Seocho-dong Legal Story] 20s Drunk Driving with Lover Hanging on Car... Court's Judgment?
According to the legal community on the 28th, the Seoul High Court Criminal Division 1-3 (Presiding Judge Seo Kyung-hwan) recently sentenced A (30, female), who was indicted for violating the Traffic Accident Processing Act (injury) and Road Traffic Act (drunk driving), to one year in prison with a two-year suspension. Probation, 80 hours of community service, and 40 hours of a safe driving lecture were also ordered.
On the night of October 25, 2021, police were conducting a drunk driving crackdown on the entrance ramp to the Busan direction at Seocho IC in Seoul. The photo is unrelated to the article content.
The court stated, "Despite having a prior record of a 5 million won fine in 2019 for drunk driving and professional negligence causing injury, the defendant drank again and drove, injuring a person. The drunk driving distance exceeded 100 km, and the victim's injuries were considerable. However, the defendant drove to avoid a situation where the victim was shouting and pressuring her, which is a mitigating circumstance regarding the crime's circumstances."
Earlier, A was prosecuted for suddenly accelerating her Mercedes-Benz vehicle around 10 p.m. on September 26, 2021, in a parking lot in Jung-gu, Incheon, causing injury to B (35, male), who was pulling the front passenger door handle trying to open the door. The two, who were lovers, had just quarreled after drinking, and as A got into the car, B was shouting "Open the door."
The vehicle moved quickly, dragging B about 10 meters before he was thrown off and seriously injured with various aftereffects. A then left the parking lot and was found to have driven under the influence for about four hours (blood alcohol concentration 0.08%).
The prosecution charged A with special serious injury, arguing that she intentionally accelerated knowing B was holding the front passenger door handle.
The first trial found A guilty only of drunk driving and sentenced her to a fine of 7 million won. Regarding the special serious injury charge, the court stated, "It is difficult to see that the defendant used B's hand caught on the handle to hang on and drag him."
The second trial recognized the injury charge under the Traffic Accident Processing Act, which the prosecution added as an alternative charge, increasing the sentence. The second trial court said, "The defendant caused injury to the victim due to professional negligence by not carefully checking around the vehicle." Like the first trial, the special serious injury charge was not recognized.
As A did not appeal, the appellate court's judgment was finalized as is.
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