Gangnam 'School Zone' Fatal Accident, Drunk Driver's Sentence Reduced to 5 Years in Second Trial

Court: "Irreparable Damage Due to Wrong Judgment"

A man in his 40s who, while driving under the influence, hit and killed an elementary school student in a school zone was given a reduced sentence in the second trial.

The Seoul High Court Criminal Division 7 (Presiding Judges Lee Gyu-hong, Lee Ji-young, Kim Seul-gi) overturned the first trial's sentence of 7 years imprisonment and sentenced Mr. A, who was tried on charges of hit-and-run causing death under the Act on the Aggravated Punishment of Specific Crimes, causing death in a school zone, causing death by dangerous driving, and drunk driving under the Road Traffic Act, to 5 years imprisonment on the 24th.

The court stated, "The defendant’s momentary wrong judgment caused irreparable damage to the victim’s family, ultimately ruining both his family and himself," and criticized, "Although he had been drinking, he carelessly thought that if he drove carefully, no accident would occur, so he drank as usual with his meal and took the wheel."

However, the court explained the sentencing reasoning by considering that the defendant is battling blood cancer, has a low risk of reoffending, and taking into account petitions from the defendant’s family and acquaintances.

The court ruled not guilty on the hit-and-run charge, as in the first trial. However, it overturned on its own initiative the first trial’s decision to treat causing death in a school zone, causing death by dangerous driving, and violations of the Road Traffic Act as separate offenses and to impose sentences accordingly.

The court judged, "According to Supreme Court precedents, when a single traffic accident occurs, separate crimes do not arise for each fault."

Additionally, the court reflected the fact that Mr. A had deposited a security deposit in the sentencing. The court stated, "The defendant deposited 350 million won in the first trial and 150 million won in the second trial to the bereaved family, but since the victim’s family does not intend to accept the deposit and it is impossible to retrieve it, whether to consider the deposit as a sentencing factor must be comprehensively considered based on the motive of the crime and the defendant’s attitude," and added, "We decided to consider the deposit very restrictively."

It further added, "Whether the deposit should be favorably considered even if the victim’s family petitions for severe punishment is a controversial issue," and "It is necessary to improve the system so that if the victim explicitly refuses the deposit, it is not considered in sentencing."

Mr. A was arrested and indicted on charges of drinking and driving a sports utility vehicle (SUV) and hitting B (9 years old at the time), who was on the way home from school in front of Eonbuk Elementary School in Gangnam-gu, Seoul, on December 2 last year, and fleeing the scene causing death. At that time, Mr. A’s blood alcohol concentration was 0.128%, which is at the license cancellation level.