"The court cannot fathom the depth of the bereaved family's pain?the devastation of parents whose son left home saying 'I'm going to school' and returned as a cold corpse, the guilt of not being able to protect their child properly, and the despair of a family who lost a beloved son and older brother." (Presiding Judge)
A man in his 40s who was on trial for causing the death of an elementary school student on the way home in a school zone (Seukoljon) while driving under the influence was sentenced to prison in the first trial.
A school zone in front of an elementary school in Seoul city. Photo is unrelated to the article content.
On the morning of the 31st, the 24th Criminal Division of the Seoul Central District Court (Presiding Judge Choi Kyung-seo) sentenced A (40), who was detained and indicted on charges including hit-and-run causing death under the Act on Aggravated Punishment of Specific Crimes, death in a school zone, reckless driving causing death, and drunk driving under the Road Traffic Act, to seven years in prison.
The court pointed out, "The defendant lived near the accident site and was well aware that elementary school students frequently cross the area, which is a school zone. Nevertheless, by driving under the influence, he struck and ran over the victim who was crossing the road right in front of him, trusting that the driver would avoid him."
It added, "Because he did not stop immediately and left the scene for a moment, the victim was left alone on the road, creating a risk of a secondary accident."Most importantly, the young victim, only nine years old, tragically lost his life before he could realize his dreams. The bereaved family is also enduring mental anguish that is difficult to heal."
However, the court acquitted him of the hit-and-run charge. It considered that A parked his car at his home about 47 to 48 seconds after the accident and later informed the police and witnesses that he was the perpetrator.
The court stated, "Even if the defendant was aware of the accident, considering the distance he moved to the parking lot, his reactions and attitude until parking, the time he stayed in the parking lot, and his actions upon returning to the scene, it is possible that he was so overwhelmed that he could not stop the car immediately and went to the parking lot." CCTV and the vehicle's internal black box footage showed the car shaking right after the accident and A's panicked voice was also confirmed.
Earlier, on December 2 last year, A was charged with hit-and-run causing death under the Act on Aggravated Punishment of Specific Crimes and other charges for driving a sports utility vehicle (SUV) while intoxicated in front of Eonbuk Elementary School in Gangnam-gu, Seoul, hitting B (then 9 years old) who was returning from school, and fleeing the scene, resulting in B's death. At the time, A's blood alcohol concentration was 0.128%, which is above the license cancellation level.
At the last sentencing hearing, the prosecution requested the court to sentence him to 20 years in prison, stating, "This is a case where the defendant fled the scene after a drunk driving accident and did not actively provide aid. The illegality is very serious, and there is no fault on the victim's side."
A admitted most of the charges but denied the hit-and-run charge. In his final statement, he tearfully said, "I am a sinner who committed a terrible act that should never have happened in this world. If I could give my life so that the child could return to his parents, I would truly want to do so."
B's bereaved family said, "That day, the child who usually said 'Have a good day at work' in a louder voice was lying cold as a corpse, and I could only lose consciousness and collapse." "Even now, it feels like he will come back calling 'Dad' at any moment," they wept. They also appealed, "Drunk driving is an extremely serious crime, hit-and-run is an absolutely unacceptable choice, and a fatal accident in a school zone is a more serious crime than any other accident. Please ensure that such a tragic accident never happens again."
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
