Only Maserati Hit-and-Run Accomplices Punished... Driver Acquitted of Abetting Escape

A man in his 30s who fled with the help of acquaintances after causing a fatal hit-and-run accident while driving a Maserati in downtown Gwangju has been acquitted in an additional trial for abetting his own escape.

Kim (32), who fled after causing a fatal hit-and-run accident while driving an imported car in downtown Gwangju, was transferred from Gwangju Western Police Station to the prosecution on the morning of October 4, 2024. Photo by Min Hyunki

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On the 23rd, Presiding Judge Kim Sungjun of the 11th Criminal Division at the Gwangju District Court acquitted Kim (33), who was indicted on charges including abetting his own escape. In contrast, Kim's acquaintance, referred to as A, who assisted in his escape, was sentenced to four months in prison, while another acquaintance, B, was fined 3 million won.

Kim was brought to trial for allegedly instructing acquaintances A and B to help him evade arrest after crashing his Maserati into a motorcycle in Hwajeong-dong, Seo-gu, Gwangju, in the early morning of September 24, 2024, resulting in the death and injury of two people in their twenties who were a couple.

Immediately after the accident, Kim abandoned his vehicle and traveled via Daejeon and Incheon to Seoul, using only cash or public transportation to avoid detection. He was apprehended in Seoul's Gangnam entertainment district 67 hours after the crime.

The court ruled that Kim's actions did not exceed the legitimate scope of a criminal defendant's right to defense. Judge Kim stated, "Based solely on the evidence submitted by the prosecution, it is difficult to conclude that Kim's request for assistance in fleeing constitutes an abuse of the right to defense," clarifying the basis for acquittal. It is customary in Korean courts not to punish a defendant for escaping on their own or for seeking help from others in the process, as these acts are considered an extension of the right to defense.

However, regarding acquaintance A who assisted in Kim's escape, the court said, "After drinking together, A witnessed the accident scene while traveling and still helped Kim flee by giving him a ride, which is a very serious offense," and handed down a prison sentence.

Previously, Kim was sentenced to seven years and six months in prison by the Supreme Court for violating the Act on the Aggravated Punishment of Specific Crimes (fatal hit-and-run) and is currently serving his sentence. As for the drunk driving charge, Kim was previously acquitted because the estimated blood alcohol level calculated using the Widmark formula was not recognized as admissible evidence. In this additional trial, acquaintance A was also not found guilty of drunk driving for the same reason.

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