12-Year Prison Sentence Upheld in Appeal
Court: "Defendant Did Not Even Realize the Accident Occurred"
A man in his 60s who drove under the influence in a children's protection zone (school zone) in Daejeon, ran onto the sidewalk, and fatally struck 9-year-old Bae Seung-ah was sentenced to 12 years in prison again in the appellate court.
The Criminal Division 3 of the Daejeon High Court (Presiding Judge Kim Byung-sik) on the 16th upheld the original 12-year prison sentence in the appellate trial of Bang Mo (67), who was detained and indicted on charges including causing death and injury in a children's protection zone and causing death by dangerous driving under the Act on the Aggravated Punishment of Specific Crimes.
A man in his 60s, Bang Mo, is accused of driving under the influence in a school zone in Dunsan-dong, Seo-gu, Daejeon, and fatally hitting elementary school student Bae Seung-ah (9 years old at the time of death). [Photo by Yonhap News]
The court stated, “Despite warnings from acquaintances, the defendant drove under the influence, and the vehicle was in a state where normal driving was impossible, such as stopping in the middle of the road or sudden acceleration,” adding, “The victims were involved in the accident in a place where they could not have predicted a traffic accident would occur.”
It continued, “The defendant did not even realize the accident had happened, and rescue measures were taken with the help of nearby citizens, but one person died and the other victims suffered serious injuries,” and “Considering that the families are still suffering severe mental distress, and that the defendant made efforts to recover damages such as disposing of an apartment, all factors were taken into account.”
Bereaved Family: “Despite continuously submitting petitions for strict punishment...”
On the afternoon of the 16th, when the appellate court ruling for the case of Ms. Bae Seung-ah, who died in a drunk driving traffic accident, was underway, her older brother Seung-jun (26) came out of the Daejeon High Court and shared his feelings with the press. [Photo by Yonhap News]
Bae Seung-ah’s older brother, Bae Seung-jun (26), met with reporters after the trial and said, “Even though our society is raising voices to strengthen punishments for drunk driving, the judiciary seems to be moving backward,” adding, “Despite continuously submitting petitions for strict punishment, the court does not seem willing to act. We will request the prosecution to prevent further victims and fight all the way to the Supreme Court.”
He added, “When the judge described the accident situation that day, the memory kept coming back to my mind,” and “My mother came today as well, but she could not bring herself to enter the courtroom because it was too painful, so she is waiting outside. I have to tell her the result, but it is very frustrating,” he said tearfully.
Bang was prosecuted on charges of driving a passenger car in a heavily intoxicated state around 2:21 p.m. on April 8 last year, crossing the road curb inside the school zone near Tanbang Middle School in Dunsan-dong, Seo-gu, Daejeon, rushing onto the sidewalk, fatally striking Bae, who was walking, and injuring three children aged 9 to 10 who were also walking.
At the time of the accident, Bang’s blood alcohol concentration was 0.108%, exceeding the license cancellation standard (0.08%). The driving speed at the time of the accident was 42 km/h, exceeding the legal speed limit of 30 km/h.
The late Bae Seung-a (9), who was fatally struck by a drunk driver in the school zone of Dunsan-dong, Daejeon, during her lifetime. [Photo source=CBS Radio 'Kim Hyun-jung's News Show' YouTube screen capture]
On that day, around 12:30 p.m., Bang had been drinking with acquaintances at a restaurant in Taepyeong-dong, Jung-gu, Daejeon, and then drove about 5.3 km under the influence to the accident site where the crash occurred. He had a prior record of a fine for drunk driving in 1996.
The bereaved family of Bae Seung-ah disclosed the child’s real name, identity, and face out of hope that no similar victims would occur again. The video was also uploaded on the YouTube channel of prominent lawyer Han Moon-cheol, which has a wide reach.
The condition of the other three injured children is also reported to be poor. One is hospitalized in the intensive care unit after brain surgery, another is in a state of aphasia, and one has been discharged but was re-hospitalized to check for aftereffects.
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