"Leniency Difficult Despite Old Age"…Increased Sentence for Octogenarian Driver Who Caused 3 Deaths

Sentenced to 2 years and 6 months in prison on appeal
Court: "Decline in physical ability is the individual's responsibility"

An octogenarian driver who caused the deaths of three people in their 60s and 70s by speeding early in the morning and running a red light has received a harsher sentence in the appellate court.

On the 23rd, the Chuncheon District Court Criminal Division 1 (Chief Judge Shim Hyun-geun) overturned the original sentence of 1 year and 6 months imprisonment for A (82), who was charged with causing death by negligence under the Special Act on the Treatment of Traffic Accidents, and sentenced him to 2 years and 6 months imprisonment, according to Yonhap News on the same day.

Chuncheon District Court Photo by Yonhap News

A was prosecuted for hitting and killing three pedestrians crossing a crosswalk near Namchuncheon Station in Toegye-dong, Chuncheon City, Gangwon Province, at around 6:45 a.m. on November 22 last year while driving a Lincoln passenger car. Investigations revealed that A ignored the red traffic light and ran through it, and at the time of the accident, was speeding at 97 km/h on a road with a speed limit of 60 km/h, exceeding the limit by more than 30 km/h.

The first trial court sentenced him to 1 year and 6 months imprisonment, citing reasons such as the defendant being a first-time offender, having reached settlements with the families of two of the three victims, being enrolled in comprehensive car insurance, and his advanced age and poor health. However, the appellate court accepted the prosecution’s claim that "the original sentence was too lenient and unjust" and increased the sentence.

The appellate court pointed out, "The defendant not only drove at excessive speed but also significantly neglected his duty to watch the road ahead and violated the traffic signal, causing the deaths of the victims. The degree of breach of duty of care is very high, and the consequences of the crime are serious." It added, "The defendant has appealed for leniency citing deteriorated health and advanced age after the incident. While it is possible that the decline in physical ability due to old age was a cause for failing to fulfill the duty of care at the time of the incident, since it is the defendant’s responsibility to judge that, leniency on this basis is difficult." The court also explained the sentencing by stating, "The victims were also elderly people in their 60s or 70s who crossed the crosswalk while complying with traffic laws but suffered irreversible harm. Considering various circumstances, the original sentence was too light and unjust."

Meanwhile, the son of a victim who refused to settle with A said regarding the appellate court’s ruling, "Other reasons for mitigation are understandable, but it was regrettable to reduce the sentence due to poor health. However, contrary to my concerns, I am grateful that the court delivered an excellent judgment."