A man in his 30s who, while heavily intoxicated, drove with a substitute driver hanging from the vehicle and caused his death was sentenced to 13 years in prison in the first trial. Prosecutors sought 30 years, but the court, while recognizing implied intent to kill, considered in sentencing that it appeared to be an impulsive crime committed while intoxicated and that it was a first offense.
The Daejeon District Court Criminal Division 12 (Presiding Judge Kim Byung-man) on the 5th sentenced A, 35, to 13 years in prison on charges including murder.
Prosecutors sought a 30-year prison term for A at the sentencing hearing on Apr. in. Prosecutors argued that intent to kill was sufficiently established based on dashcam footage and some statements, and said a heavy sentence was needed because A claimed amnesia to evade responsibility.
The court also found that A had implied intent to kill. The court held that even if A claimed not to remember the circumstances at the time, it was hard to see that A did not accept the possibility that the victim could die. It also said that while A had consumed a substantial amount of alcohol, it was difficult to find that A was in a mental and physical state so impaired as to be incapable of making decisions, and it rejected the diminished capacity claim.
The court pointed out that A admitted to other charges but tried to avoid responsibility by claiming not to remember the most serious murder charge. It also viewed as unfavorable that there was no settlement with the victim's bereaved family and that the family petitioned for a heavy sentence.
However, in setting the sentence, the court considered as favorable that although A was not in a state of diminished capacity, the crime appeared to have been committed impulsively while intoxicated, and that A was a first-time offender with no prior criminal record. A reportedly submitted letters of remorse to the court 14 times from indictment until the first-instance sentencing.
A was brought to trial on charges of, at about 1:30 a.m. on Nov. 14 last year, on a road near Gwanpyeong-dong, Yuseong District, Daejeon, pushing B, a substitute driver in his 60s who was driving with A as a passenger, out of the driver's seat, then driving for about 1 minute 40 seconds for roughly 1.5 kilometers while B was hanging from the vehicle, causing his death.
A also faces charges of swearing at and assaulting B earlier because B did not cautiously drive over a speed bump. At the time, A's blood alcohol concentration was 0.152%, a license-revocation level. The vehicle was found to have crashed successively into a guardrail and curbs while in motion. In court, A admitted to assaulting the driver and to drunk driving but denied intent to kill, saying A was in a so-called blackout state from excessive drinking and could not remember.
Immediately after the sentencing, the bereaved family expressed disappointment with the length of the sentence. The family's attorney said the family had not received a proper apology from the defendant, and noted that even considering the submission of letters of remorse, it was regrettable that the sentence was significantly lower than the recommendation. The family plans to submit an opinion to the prosecution seeking an appeal.