In a personal injury case, if the suspect and the victim reach an agreement, the case usually enters the final stage. If both parties reach an agreement on a specific issue, the police will close the case at the police level. However, the drunk driving case of former President Moon Jae-in's daughter, Moon Da-hye (41), is different. It was reported that Mr. Moon and the taxi driver reached an agreement, but the police searched and seized the oriental medicine clinic where the victim was being treated. It seems that the aim is to comprehensively verify the extent of the taxi driver's injuries and his treatment record. Under the Traffic Act, drunk driving is often prosecuted summarily and fined, but cases of injuries caused by dangerous driving are subject to formal trials. As a result of this search and seizure, it is possible that Mr. Moon will be charged with dangerous driving causing injury under the Aggravated Penalties for Specific Crimes Act rather than drunk driving under the Highway Traffic Act.
According to police, on the 25th, the Yongsan Police Station in Seoul executed a search and seizure warrant on an oriental medical clinic in Yangju, Gyeonggi Prefecture on the 23rd and obtained related data including the taxi driver's injury diagnosis certificate.
Police plan to thoroughly review the extent of the taxi driver's injuries and treatment records before making a final decision on whether to charge Mr Moon.
The taxi driver was investigated by police after the accident, but did not produce an injury certificate. He reportedly accepted Moon's offer of a settlement amount.
As the victim did not report any injuries, it was expected that Mr. Moon would only be punished for drunk driving under the traffic law. However, as Moon's drunk driving case has attracted great social interest, the police appear to have launched a mandatory investigation to confirm the exact extent of the taxi driver's injuries and make a final decision on the charges to be laid.
According to Article 21 of the Medical Service Act, an investigative agency must present a warrant to check another person's medical records. It is known that the fact that several civil complaints were received by the Kookmin newspaper demanding a strict investigation of Mr. Moon had an influence on the police's decision to conduct a search and seizure.
As a result of this search and seizure, Mr. Moon may be charged with causing injury by dangerous driving under the Aggravated Penalties for Specific Crimes Act, which carries a harsher penalty than drunk driving under the Highway Traffic Act.
According to the legal community, if there is a charge of bodily injury in addition to drunk driving, prosecution can be initiated whether the victim agrees or not. Usually, in many cases, simple drunkenness is prosecuted summarily and a fine is imposed, but in cases of bodily injury, the case is referred to a formal trial.
A police official who spoke on condition of anonymity said: "An agreement between the suspect and the victim is very important to close a simple case or lower the level of punishment," adding: "It is unusual for the police to force an investigation into a matter that both sides have agreed on." He added: "It seems that the high public interest and the succession of civil complaints demanding a strict investigation have had an impact."
Earlier, at around 2:51 a.m. on the 5th, Mr. Moon was driving drunk with a blood alcohol level of 0.149% in front of the Hamilton Hotel in Itaewon, Yongsan-gu, Seoul, and collided with a taxi while changing lanes. This figure was significantly higher than the license cancellation level of 0.08 %. The victim taxi driver was reportedly slightly injured, complaining of neck pain, among other things.
Mr. Moon reported to Yongsan Police Station on the 18th, 13 days after the accident, and was interrogated for about 4 hours. At that time, he issued a statement titled “Apology” and said, “I deeply apologize to everyone.” “I made a big mistake that should not have been made,” he said. “I am ashamed and sorry.” “I will reflect on my life so that something like this does not happen again,” he said.
Reporter Kim Ki-hwan kkh@segye.com
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