“Ah... Is this really happening?”
The sighs of fans could be heard. It was a lament of disappointment as the singer they had supported received a confirmed prison sentence. It seemed they were at a loss for words regarding the unavoidable 'drunk driving hit-and-run accident' that left no room for excuses or explanations.
On the 25th, the 5-3 Division of the Seoul Central District Court held the sentencing date for the appeal of singer Kim Ho-jung and three others, who were indicted for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (causing injury while driving dangerously). Kim Ho-jung was sentenced to 2 years and 6 months in prison, the same as the first trial, and could not avoid imprisonment. The prosecution had sought a sentence of 3 years and 6 months in both the first and second trials.
The trial concluded in just 5 minutes. It was swift. The court stated, “The amount of alcohol consumed by the defendant on the day of the incident appears to be considerable, and it cannot simply be viewed as an accident caused by manipulating a mobile phone,” and added, “It seems that the defendant's ability to think and judge was significantly impaired due to alcohol, leading to the accident.”
Furthermore, they stated, “In Kim Ho-jung's case, the nature of the crime is poor, and the circumstances after the crime are also unfavorable,” but noted, “Considering that the traffic accident was settled and that the defendant has no prior convictions or serious criminal record, it does not seem that the original sentence exceeds a reasonable range.”
Immediately after the verdict, the sound of fans' sighs could be heard as they passed by the reporters. In particular, fans who were waiting outside and could not attend the trial in person seemed to check the breaking news articles, unable to hide their disappointment.
Both the first and second trial courts had pointed to Kim Ho-jung's drinking as the decisive cause of the accident in their judgments. In response, Kim Ho-jung's side had argued that it was not a drunk driving accident.
Kim Ho-jung's lawyer stated at the previous hearing, “(Kim Ho-jung) does not deny the crime,” but also asserted, “There are excessive parts in the original judgment. It cannot be concluded that Kim Ho-jung was unable to drive normally due to excessive drinking on the day of the crime.”
Kim Ho-jung is accused of driving under the influence in May of last year in Apgujeong-dong, Gangnam-gu, Seoul, crashing into a taxi on the opposite road, and fleeing the scene while urging his manager, Mr. Jang, to falsely report to the police. However, since Kim Ho-jung reported to the police 17 hours after the accident, it became impossible to measure his blood alcohol concentration using the Widmark formula, leading to the exclusion of the drunk driving charge.
After the 'drunk driving evasion' method became controversial, the National Assembly passed the so-called 'Kim Ho-jung Prevention Law' last November, which will take effect in June.
The second trial court also dismissed the appeals of the representative of Kim Ho-jung's agency, Mr. Lee, the head of the department, Mr. Jeon, and manager Mr. Jang, maintaining the first trial sentences of 2 years in prison, 1 year and 6 months in prison, and 1 year in prison with a 2-year probation, respectively.
Earlier, on the second hearing of the appeal held on the 19th of last month, Kim Ho-jung expressed, “I am sorry for causing public concern. I apologize to the victim as well. I am also sorry for wasting public resources due to my case. I have spent the last four seasons here reflecting on my mistakes. I have tried to take time for repentance,” and added, “I know this crime will never be erased from my life. I will live a different life from now on, using this incident as a catalyst.”
He continued, “Everything is my fault, my mistake. I will sincerely repent,” appealing for leniency.
At that time, Kim Ho-jung's lawyer emphasized that it was not an accident caused by drunk driving. The lawyer stated, “Kim Ho-jung acknowledges all his mistakes and feels responsible and remorseful,” but added, “However, this incident was not an accident caused by Kim Ho-jung's drunk driving, but rather an incident that occurred due to manipulating a mobile phone while driving. Of course, he recognizes that this is also wrong and is remorseful. He usually does not drink heavily, which has been proven by forensic examinations and police investigations.”
In particular, before the second hearing of the appeal, Kim Ho-jung submitted 100 letters of reflection to the court. Prior to this sentencing date, he also submitted more than 30 additional letters of reflection in an effort to reduce his sentence, but it did not significantly affect the court's judgment.
