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Dae-Sung, victims, and how 'settlement' trials will be affected
[AsiaToday=Choi Seok-jin by Choi Seok-jin]
Big Bang's Daesung (22-real name Kang Dae-sung-photo), who is under investigation by prosecutors for alleged professional negligence and manslaughter, reportedly reached a settlement with the victim's side on Tuesday.
Daesung's case of professional negligence manslaughter is not a "pro se" crime, which requires a victim's complaint, or a "semi-pro se" crime, which cannot be prosecuted if the victim does not want to be punished, so the investigation will continue regardless of the settlement and the case will go to trial, but the fact that he has reached a settlement with the victim's side is expected to be favorable for him in many ways.
Daesung's agency YGentertainment said, "Daesung has reached an agreement with the victims' families. The victims' families also hope that DaeSung will not be punished."
The official also said, "The families of the victims also feel sorry for DaeSung and asked him not to be hurt by this incident and to continue to show good activities."
The South Seoul "We are currently conducting the investigation without any preconceived notions," said a prosecutor, adding, "However, the fact that an agreement was reached with the victim's side may affect the prosecution's sentence or the court's sentence."
The official also explained, "For negligent offenders, such as those involved in traffic fatalities, the degree of punishment varies greatly depending on the presence or absence of negligence or the magnitude of negligence in each individual case."
Another prosecutor said, "Until the early 2000s, when a victim was killed in a traffic accident, most of the cases were filed for a warrant of arrest, but since the mid-2000s, I know that fewer cases are being investigated under arrest and fewer cases are being sentenced to imprisonment at trial."
"In this particular case, the fact that the deceased victim was exposed on the road in a primary accident while under the influence of alcohol is likely to be taken into account during the trial," he added.
Ho Hyun Lim, a lawyer specializing in traffic accidents at Hanbyul Law Firm, said, "When a driver is sentenced to prison in a case of professional negligence manslaughter due to a traffic accident, it is mainly for violating traffic signals or speeding, Drunk driving , and in this case, Daesung's negligence was negligence in failing to notice the victim lying injured on the road."
"However, given that the victim died, this case is not one to be taken lightly," Lim said. "However, given the fact that the victim had already been severely injured in the first accident before Daesung reversed, that the accident occurred at night when visibility was difficult, that Daesung has no criminal record, and that a settlement was reached with the victim's side, there is a possibility that the trial will not result in a jail sentence, but rather a probationary sentence."
Daesung was driving his own passenger car at the southern end of Yanghwa Bridge at around 1:29 a.m. on May 31 when he collapsed on the road Motorcycle Hyun rammed into the taxi of Kim Mo-hyun, who was parked in front of him, and Hyun died at the scene.
The Yeongdeungpo Police Station in Seoul, which was in charge of investigating the accident, released an official announced, and sent it to the prosecutor's office with a non-prosecution opinion, charging Daesung with negligence for failing to exercise due care.
The police charged Daesung with Article 268 of the Criminal Code (manslaughter in the course of duty) and Traffic Accident Handling Article 3, paragraph 1 of the Special Act was applied.
Two sections of the law punish anyone who causes the death of a person through professional negligence or a traffic accident with a fine of up to five years' imprisonment or up to 20 million won, respectively.
Unlike other special laws that increase the punishment, the Traffic Accident Handling Special Act was enacted with the purpose of limiting the punishment to prevent the mass production of ex-convicts due to traffic accidents, and if the victim is not killed but only injured, 11 categories of gross negligence such as signal violation, centerline violation, speeding, drunk driving, crosswalk accident, or fleeing after the accident or
except for failure to yield, the law prevents prosecution if the victim does not want to be punished.<Seokjin Choi reporter csj0404@asiatoday.co.kr>
{ⓒ 'Global, multi-disciplinary daily newspaper' Asia Today}

