School Zone Fatal Accident, Why is the Drunk Driver of Hit-and-Run Not Guilty? … Prosecution appeals = Korea

The prosecution issued an appeal on June 1st of the 1st trial judgment of the so-called 'Gangnam school zone drunk driving accident' on the grounds of unfair sentencing.

The Seoul Central District Prosecutor's Office, Trial Division 3 appealed against the first trial in which defendant A (40), who was charged with driving drunk in a child protection zone (school zone) and running over and killing a primary school student (including fleeing and causing death under the Act on Aggravated Punishment of Specific Crimes), was sentenced to seven years imprisonment and acquitted of some charges.

Defendant A was detained and charged with driving a sports utility vehicle (SUV) while intoxicated through the school zone of Ongbuk (Eonbuk) Elementary School, Gangnam-gu, Seoul, on December 2nd last year at noon and driving into a primary school student (aged 9) who was leaving school, the defendant then fled the scene.

At that time, Defendant A's blood alcohol concentration was 0.128%, which was the level at which his license was revoked.

In the first trial, the prosecution demanded a sentence of 20 years in prison for Defendant A, but the court said that although the quality of the crime was not good, the bereaved family was negative about receiving it because they had no previous criminal record and were fighting cancer. Considering the fact that he deposited 350 million won, he was sentenced to seven years in prison.

The court found the defendant A not guilty of the hit-and-run charge as he ran back to the scene immediately after the accident and requested witnesses to "call 119" while taking partial first aid measures.

The prosecution explained the reasons for the appeal, saying that the defendant A left the scene without taking immediate first aid measures and that the death of a child due to drunk driving in a school zone requires a more severe punishment.