Drunk driver who killed Japanese tourist gets five-year term upheld on appeal: 'Same result as murder'

A drunk driver who struck a Japanese mother and daughter visiting Seoul as tourists — killing the mother — has had his five-year prison sentence upheld on appeal. The defense had argued the original sentence was excessive and unjust, but the court rejected the appeal.

The fourth criminal appeals division of Seoul Central District Court dismissed the appeal Thursday in the case of the defendant, identified only by his surname Seo, who faces charges including dangerous driving resulting in death under the Act on Aggravated Punishment for Specific Crimes.

The court said Seo "struck the victims without reducing speed at one of the largest intersections in central Seoul after drinking," adding that "there is no evidence he took any measures such as braking."

The court went on to say that "even if unintentional, he drove in a state where he could not control himself and caused a person's death under reckless disregard," concluding that the act "produced the same result as murder."

The court added that while Seo "appears to be deeply remorseful and his family has made efforts toward restitution, it is difficult to treat that as grounds for a reduced or lenient sentence."

Seo was charged with striking a Japanese mother and daughter as they crossed a pedestrian crossing near Dongdaemun Station in Seoul last November while driving drunk. The mother died from her injuries. It was the first day of what was to be a three-day, two-night trip to South Korea. The daughter, in her 30s, also suffered rib fractures and injuries to her forehead and knees.

The first trial had sentenced Seo to five years in prison.

In May, the first-instance court said "one of the two victims died and the other suffered injuries requiring six weeks of treatment as a result of the defendant's negligence — an irreversible outcome," adding that "severe punishment was unavoidable."

However, the court noted that Seo "admitted to the offense and made efforts toward restitution, including paying 350 million won ($256,000) in settlement," and said it took into account as favorable sentencing factors that the bereaved family did not seek punishment.

In appealing the first-instance ruling, Seo's defense said he "has pledged to spend the rest of his life in repentance and atonement, and has a family to support," asking the court to "allow him to return to society even a little sooner so he can make amends for his wrongdoing."

Seo himself, in his final statement at the appellate trial, said "10 months have passed since I came to the detention center" and that "during this time I have been facing the consequences of that devastating moment without looking away." He also appealed for a reduced sentence, saying that "past the age of 40, the entire lives of my parents, spouse and children have been shattered because of the crime I committed."

The appeal was nonetheless rejected.