A driver in his 60s who caused a fatal accident and swapped drivers... What is the reason for the reduced sentence in the appeal trial?

Driving with a Suspended License Due to Drunkenness Causes Accident
Delay in Victim's Hospital Transfer Due to Letting Daughter Drive
5-Year Prison Sentence in First Trial... Sentence Halved After Agreement with Bereaved Family

A man in his 60s who caused an accident while driving without a license and attempted to switch drivers without providing emergency aid, ultimately causing the victim's death, had his sentence halved in the appeal trial after reaching a settlement with the bereaved family.

The Criminal Division 1 of the Gangneung Branch of Chuncheon District Court (Chief Judge Kwon Sang-pyo) overturned the original sentence of 5 years in prison and sentenced A (61) to 2 years and 6 months in prison on the 21st, according to Yonhap News. A was charged with hit-and-run causing death under the Act on the Aggravated Punishment of Specific Crimes, unlicensed driving under the Road Traffic Act, aiding the escape of a criminal, and violating the Special Act on the Prevention of Insurance Fraud.

A was tried on charges of hitting and killing B (78), who was riding a motorcycle, while driving a Tucson passenger car around 10:30 a.m. on January 9 in Sinseok-dong, Gangneung City, Gangwon Province. After the accident, A did not report to 119 but put the dying B into the vehicle, met with his daughter, and then handed over the steering wheel to his daughter to head to the hospital. Due to the delay in this process, B missed the golden time and eventually lost his life.

A claimed that "his daughter was driving," but analysis of closed-circuit television (CCTV) and other evidence by the police revealed that A was the driver at the time of the accident. A, whose license had been canceled due to a prior drunk driving offense, lied not only to the bereaved family and police but also to the insurance company, claiming his daughter was driving, thinking he could avoid severe punishment. However, when the police presented evidence and pressed him, he confessed to the crime.

The prosecution, which took over A's case without detention, discovered that A had been repeatedly driving without a license since December of the previous year and subsequently arrested him. However, under the criminal concealment law, which exempts punishment if a relative or cohabiting family member hides the offender, A's daughter was excluded from punishment.

The first trial sentenced A to 5 years in prison, stating, "Although A deposited 100 million won for the bereaved family, he habitually drove without a license and caused an irreversible accident resulting in the victim's death, making his culpability very heavy." Dissatisfied with the verdict, A argued, "I attempted cardiopulmonary resuscitation (CPR) on the victim immediately after the accident, transported him to the hospital, and provided all personal information to the police at the hospital, so this does not constitute fleeing."

However, the appellate court rejected A's claim, pointing out, "Instead of immediately transporting the unconscious victim to the hospital, A took a considerable detour to switch drivers, causing a delay," and "The personal information provided was only that of a 'passenger in the vehicle driven by the daughter,' along with contact details." Nevertheless, considering that A made serious efforts to restore the damage by paying additional settlement money to the bereaved family during the appeal trial following the criminal deposit, and that the bereaved family expressed their intention not to seek punishment and reached a settlement with the defendant in the appeal trial, the sentence was significantly reduced.