The prosecution appealed the first trial verdict that sentenced a drunk driver to 7 years in prison for hitting and killing an elementary school student on their way home in a child protection zone (school zone).
On the 1st, the Seoul Central District Prosecutors' Office Trial Division 3 (Chief Prosecutor Lee Jeong-ryeol) stated, "We judged that it is necessary to appeal so that all charges are found guilty and a heavy sentence is imposed."
They added, "In the appellate trial, we will do our best to maintain the prosecution with a strict stance on drunk driving accidents in child protection zones while considering the position of the victim's family."
The day before, the first trial court, Seoul Central District Court Criminal Division 24 (Chief Judge Choi Kyung-seo), sentenced A (40), who was detained and indicted on charges including hit-and-run causing death under the Specific Crimes Aggravated Punishment Act, death in a child protection zone, dangerous driving causing death, and drunk driving under the Road Traffic Act, to 7 years in prison.
The court pointed out, "The defendant lives near the accident site and was well aware that elementary school students frequently pass through the child protection zone at the scene. Nevertheless, by driving under the influence, the defendant struck and ran over the victim who was crossing the road right in front, trusting that 'the driver would avoid them'."
Furthermore, "Because the defendant did not stop immediately and left the scene for a short time, the victim was left alone on the road, creating a risk of a secondary accident. Above all, the young victim, only 9 years old, tragically lost their life before realizing their dreams. The bereaved family is also suffering from mental anguish that is difficult to heal," the court added.
However, the court acquitted the defendant of the hit-and-run charge. This was based on the fact that A took about 47 to 48 seconds to park at his home and return after the accident, and that he 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 moved to the parking lot, the reactions and attitude shown until parking, the time spent in the parking lot, and the actions taken upon returning to the scene, it is possible that the defendant knew about the accident but was too flustered to stop the car immediately and went to the parking lot." CCTV and in-car black box footage confirmed the vehicle shaking immediately after the accident and A's panicked voice.
Earlier, on December 2 last year, A was charged with hit-and-run causing death under the Specific Crimes Aggravated Punishment Act after driving a sports utility vehicle (SUV) while heavily intoxicated in front of Unbuk Elementary School in Gangnam-gu, Seoul, hitting B (then 9 years old) who was on their way home from school and leaving 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 A to 20 years in prison, stating, "This is a case where the defendant left the scene after a drunk driving accident and did not actively provide rescue measures. The illegality is very serious, and there is no fault on the victim's side," asking for all charges to be recognized as guilty.
A admitted most of the charges but denied the hit-and-run charge. In his final statement, he said, "I am a sinner who committed a terrible act that should never have happened in this world," and tearfully added, "If giving up my life could bring the child back to their parents, I would truly want to do so."
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