Strict outcome · Comparison Pair · Drunk driving
First-time driver: 4y imprisonment for fatal accident at crosswalk
Harm
1 fatality (pedestrian, crosswalk)
Sentence
4y
Court
District Court
Guideline
3y – 5y
Comparison thesis
Same fatality, same statute — delivery driver: 4y prison. Celebrity: suspended.
Strict outcome · current case
4y
4y actual imprisonment
First-time driver: 4y imprisonment for fatal accident at crosswalk
Ordinary citizen · Harm: 1 fatality (pedestrian, crosswalk)
Lenient outcome
2y
2y prison, 3y suspension + community service
Celebrity driver — fatal accident: suspended sentence after settlement
Celebrity · Harm: 1 fatality (pedestrian)
Out-of-court settlement leverage scales with assets. The Special Act on Aggravated Punishment treats the conduct identically; courts repeatedly cite settlement and 'social contribution' to invert the outcome for high-asset defendants.
Case summary
A 40-year-old delivery driver struck and killed a pedestrian at a crosswalk while distracted by his phone. Despite a clean driving record and partial restitution, the court applied the Special Act on Aggravated Punishment and imposed 4 years actual imprisonment — within the upper guideline tier for fatal vehicular homicide.
Disparity flags
Sources
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