'Eulwangri Tragedy' Driver Sentenced to 5 Years in Prison on Appeal... Passenger Receives Probation
Court: "The sentence in the first trial is neither heavy nor light"
Driver (left) and passenger of the drunk driving vehicle in Eulwangri, Incheon. [Image source=Yonhap News]
View original image[Asia Economy Reporter Kim Seohyun] The driver who fatally struck a delivery worker in his 50s while driving under the influence near Eulwangri Beach in Incheon was sentenced to five years in prison again in the appellate court.
On the 29th, the 2nd Criminal Appeals Division of the Incheon District Court (Chief Judge Lee Hyunseok) sentenced A (35, female), who was detained and prosecuted on charges of causing death by dangerous driving under the Act on the Aggravated Punishment of Specific Crimes (Yoon Chang-ho Act) and drunk driving under the Road Traffic Act, to five years in prison, the same as the first trial.
B (48, male), a passenger who was prosecuted without detention on charges of aiding and abetting drunk driving under the Yoon Chang-ho Act and the Road Traffic Act, was sentenced to six months in prison with a two-year probation for aiding and abetting drunk driving only.
The appellate court stated, "The various conditions considered when determining the sentence in the first trial have not changed in the appellate trial," and ruled, "The sentence given in the first trial cannot be seen as too heavy as the defendants claim or too light as the prosecution claims, so both appeals are dismissed."
Earlier, at the appellate trial sentencing hearing held on the 27th of last month, the prosecution demanded ten years in prison for A and six years for B.
A is accused of driving a Mercedes-Benz under the influence near Eulwangri Beach in Jung-gu, Incheon, on September 9 last year, and fatally striking C (then 54 years old, male), who was delivering chicken on a motorcycle.
At the time, A was driving at 82 km/h, far exceeding the speed limit of 60 km/h, crossed the center line, and drove in the opposite direction. A’s blood alcohol concentration was 0.194%, exceeding the license cancellation level of 0.08%.
The vehicle was owned by the corporation of B’s company. B was prosecuted without detention on charges including effectively consenting to drunk driving by opening the door for A to get into the driver’s seat.
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The prosecution judged that B did not merely aid and abet A’s drunk driving but actively encouraged it, applying the Yoon Chang-ho Act, which strengthens punishment for drunk drivers, to both of them.
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