'Jeju Open Car Fatal Accident' Sentenced to Prison in Second Trial... Not Guilty of Murder Charge

Guilty of Drunk Driving
Original Verdict Overturned, Sentenced to 4 Years Imprisonment
Girlfriend in Passenger Seat of 'Open Car' Dies

A man in his 30s who caused an accident while driving a rental car under the influence of alcohol, resulting in the death of his girlfriend who was sitting in the front passenger seat, was sentenced to four years in prison in the appellate court.

[Asia Economy Kim Gun-chan, Intern Reporter] A man in his 30s who caused the death of his girlfriend after driving under the influence in an open-top car rented in Jeju was sentenced to prison in the appellate court. He was acquitted of murder charges.

The Jeju Criminal Division 1 of the Gwangju High Court (Chief Judge Lee Kyung-hoon) announced on the 28th that it overturned the original sentence of 1 year imprisonment with 2 years probation and sentenced A (34) to 4 years in prison on charges of murder and violation of the Road Traffic Act (drunk driving).

The court stated that it was difficult to recognize the intent of murder based on the submitted evidence and ruled not guilty of murder charges, following the first trial. Previously, the first trial court recognized only the drunk driving charge as guilty and sentenced A to 1 year imprisonment with 2 years probation.

Instead, during the appellate trial, the prosecution's additionally added alternative charge against A (causing death by dangerous driving under the Act on the Aggravated Punishment of Specific Crimes) was recognized as guilty. An alternative charge is added in case the main charge is not accepted.

A was tried on charges of causing the death of his girlfriend B, who was in the passenger seat, after causing an accident while driving a rental car under the influence around 1:20 a.m. on November 10, 2019, in Hallim-eup, Jeju City.

At the time of the accident, A was driving a convertible-type vehicle, commonly called an 'open car,' at a speed of 114 km/h, hit a curb, and then collided with a tractor parked on the roadside.

B, who was not wearing a seatbelt in the passenger seat, was thrown out of the vehicle due to the impact. B was severely injured in the accident and underwent surgery but remained unconscious and eventually passed away in August of the following year.

Investigations confirmed that A’s blood alcohol concentration at the time of the accident was 0.118%.

The court stated, "Regarding the alternative charge of causing death by dangerous driving, the defendant drove under the influence and caused an accident, which is a serious offense with severe consequences." It added, "However, considering that the defendant admitted to the crime, showed remorse, and has no prior criminal record, the sentence was determined accordingly."

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