Kim Ho-jung (34), who received a prison sentence in the first trial for drunk hit-and-run charges, completely denied the allegations of 'drunk driving' during the first hearing of his appeal.
On the morning of the 12th at 10:30 AM, the first hearing of Kim Ho-jung's appeal was held at the Seoul Central District Court's Criminal Division 5-3 (Chief Judge Kim Ji-sun, So Byeong-jin, Kim Yong-jung) regarding charges of dangerous driving resulting in injury and fleeing under the Specific Crimes Aggravated Punishment Act, as well as failure to take action after an accident under the Road Traffic Act.
As in previous hearings, dozens of fans lined up outside the courtroom. Interest in the first appeal hearing was heightened since Kim Ho-jung was sentenced to 2 years and 6 months in prison in the first trial last November.
Kim Ho-jung's lawyer stated on this day regarding the reasons for the appeal, "We are not denying the crime. However, there are excessive parts in the original judgment," suggesting that it cannot be concluded that Kim Ho-jung was unable to drive normally due to excessive drinking on the day of the incident.
According to the blood alcohol level measured by the investigation agency, it can be interpreted as light drinking, and there is a possibility that using a mobile phone while operating the navigation system may have influenced the accident.
Additionally, the lawyer completely denied the previously raised 'drunk driving' allegations. 'Drunk driving' refers to the method of drinking more alcohol after fleeing to avoid punishment for drunk driving.
The lawyer stated, "Drunk driving typically involves drinking strong alcohol in anticipation of a breathalyzer test, making accurate measurement impossible," and added, "However, the defendant was already aware that his manager would confess on his behalf, and he did not know he would go to the police for a breathalyzer test."
He continued, "If it were drunk driving, he would have chosen strong liquor instead of canned beer," and argued, "As a robust man in his 30s, it is hard to believe he would choose such alcohol to raise his blood alcohol concentration."
Regarding the allegation that Kim Ho-jung made his manager, Mr. Jang, falsely confess after drunk driving, the lawyer claimed it was 'aiding' rather than 'instigating.'
The lawyer emphasized, "He only acted to assist based on decisions made by the head of the agency and the manager, and he did not actively decide or lead the situation."
The court plans to conclude the arguments after questioning Kim Ho-jung as a suspect on March 19.
Kim Ho-jung was indicted for drunk driving and fleeing after causing an accident at 11:44 PM on May 9 last year on Apgujeong Road in Gangnam, Seoul. After the incident, his manager, Mr. Jang, confessed on his behalf, and there were also allegations of organized crime concealment, such as the head of the agency swallowing the vehicle's black box memory.
Kim Ho-jung, who appeared at the police station 17 hours after the accident, allegedly avoided drunk driving charges by intentionally drinking more alcohol, a method known as 'drunk driving.' The prosecution stated that Kim Ho-jung was in a state where normal driving was difficult due to intoxication, but could not charge him with drunk driving because they could not clearly specify his blood alcohol concentration at the time of the accident.
The first trial court sentenced Kim Ho-jung to 2 years and 6 months in prison during the sentencing hearing on November 13 last year.
At that time, the court stated, "After the drunk driving accident, he fled to a motel and bought beer before checking in, raising doubts about whether he felt any guilt for the wrongdoing he committed as an adult," but noted that they considered his late acknowledgment of the crime and the fact that he reached an agreement with the victim when determining the sentence.
Immediately after the first trial verdict, Kim Ho-jung appealed, and the prosecution also submitted an appeal. The prosecution had previously sought a sentence of 3 years and 6 months for Kim Ho-jung during the sentencing hearing held in September last year.
[Lee Da-kyum, Star Today Reporter]
