Singer Kim Ho Joong, who was sentenced to prison in the first trial for hit-and-run charges, has had his detention period extended as his appeal proceeds. As a result, Kim Ho Joong will likely ring in the 2025 New Year from a detention center.
According to the legal community, on December 9, the Seoul Central District Court's 26th Criminal Division extended the detention period for Kim Ho Joong, former Think Entertainment CEO Lee Kwang Deuk, and Think Entertainment’s general manager Jeon. With this decision, all three are expected to remain in custody during the appeal trial.
Although Kim Ho Joong remains a detainee with unconfirmed charges under the presumption of innocence, he was sentenced to two years and six months in prison in the first trial. He immediately appealed the ruling. If the court had not extended the detention period, Kim Ho Joong could have undergone the appeal process while not in custody. However, with the court’s decision to extend the detention, he will remain detained.
According to the Criminal Procedure Act, the initial detention period for a defendant is two months, which can be extended twice for up to six months at each trial stage. Kim Ho Joong was arrested and indicted on June 18, and his detention period was extended twice during the first trial. With the first appeal hearing approaching, the court has decided on an additional extension of his detention.
As a result, Kim Ho Joong will remain at the detention center until at least February 2025 as he prepares for his appeal. He is currently appealing for leniency from the court while admitting to the charges against him. Since he will be spending his first New Year since his indictment at the detention center, attention is focused on how his position will change during the appeal.
On November 13, during the first trial, the court sentenced Kim Ho Joong to two years and six months in prison for charges including violating the Act on the Aggravated Punishment of Specific Crimes (causing injury while driving under the influence). Former CEO Lee Kwang Deuk and Think Entertainment’s general manager Jeon were sentenced to two years one year and six months in prison, respectively. Meanwhile, manager Jang was sentenced to one year in prison, suspended for two years. Both the defense and prosecution appealed the first-trial ruling.
The incident that led to the charges occurred on May 9 at 11:44 PM, when Kim Ho Joong drove under the influence and caused a collision with a taxi on a road in Apgujeong, Gangnam, Seoul, before fleeing the scene.
In addition to fleeing, Kim Ho Joong is also accused of instructing a Think Entertainment employee to make a false confession on his behalf. Instead of handling the scene of the accident, he moved to a hotel near Guri, Gyeonggi Province. He eventually appeared before police 17 hours later and admitted to driving the vehicle. While he initially denied driving under the influence, he later admitted to drinking, but claimed he consumed alcohol after the accident — a known tactic called "sultagi" (*a tactic where a person involved in a traffic accident, often while driving under the influence, drinks alcohol after the accident but before reporting it to the police. This is done to create ambiguity about when the alcohol was consumed, making it difficult for authorities to prove that the person was intoxicated while driving. By claiming they only drank after the accident, they attempt to avoid DUI (driving under the influence) charges.).
Due to the nature of this claim, the prosecution did not charge him with DUI since it was difficult to determine his blood alcohol concentration at the time of the accident using the Widmark formula. Instead, he was charged with causing injury while driving under the influence under the Act on the Aggravated Punishment of Specific Crimes, as well as charges of fleeing after causing injury, failing to take action after a traffic accident under the Road Traffic Act, and instigating someone to make a false confession.
Throughout the trial, Kim Ho Joong submitted multiple letters of reflection to the court. During his final statement at the sentencing hearing in September, he said, "I sincerely apologize to the victim and deeply regret my actions. I regret and reflect on the choices I made that day. I will strive to live a life where I don’t repeat the same mistakes, even if it means failing ten times in other areas. I will straighten up and live properly."
However, the first trial court imposed a prison sentence on Kim Ho Joong, stating, "Given his overall attitude, it is questionable whether he feels any real sense of guilt for his wrongdoing. Despite the objective evidence from CCTV showing him staggering due to the effects of alcohol, he made implausible excuses and denied the charges. His conduct after the incident also reflects poor judgment."
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