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CentralCali
Joined: 17 May 2007
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 Posted: Sun Nov 18, 2012 8:42 pm Post subject: |
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I'm fairly certain that if he has SOFA status, that would've been mentioned in the report, mainly because the Korean police actually do immediately contact the Military Police when someone with SOFA status is involved in an incident off-base.
The military will not "bring charges as well" if someone is tried by the civilian courts, even Korean courts, because of the concept of double-jeopardy. Under the Manual for Courts-Martial, not to mention the actual SOFA treaty, when the Korean judicial system retains jurisdiction, that's known in the miltiary as "disposition of the case." As it was a non-duty related offense off-base, per the treaty, the Korean government has primary jurisdiction. That means that the only way the military gets to deal with it is if the Korean prosecutor's office declines to prosecute. I await the usual responses in situations like this of people who know people who know people who know people etc. who have actually been punished for the same offense by both civilian and military courts. Well, in 20 years service, I've never seen it happen and part of my job was what the military calls legal administration.
That being said, there are certain administrative issues which follow from a SOFA-status person being involved in an alcohol-related vehicular offense. First one is revocation of the military-issued POV (privately-owned vehicle) and prohibition from driving on any US military base in the world, both for a minimum of one year. (That's the usual punishment everywhere I've been stationed.) If the person involved is a military member and has a history of alcohol-related and/or other offenses, then he may be administratively discharged from the military. If the person is a civilian employee or is a family-member of someone in the military or civilian employee stationed in Korea, the base commanding officer has the authority to revoke "Command Sponsorship." That will have the same effect as canceling a visa. The commanding officer also has the authority to revoke the military member's overseas screening, which has the effect of disqualifying them from serving overseas.
| ttompatz wrote: |
| toby99 wrote: |
| Stan Rogers wrote: |
| "S" aka "Stupid" will lose his license for a year, minimum $1000 fine. Same as anyone else. However, since he dragged a cop down the street, the newspapers are reporting it, and his blood alcohol level was high enough to blow up the breathalyzer, I'd say he's screwed. |
Jail time likely? |
Depends on his status in Korea - was he under SOFA or something else?
For drunk driving = no.
For dragging the cop = possibly yes, possibly deportation (more correctly, exit order), possibly both.
If he was under SOFA then the JAG my bring related charges to bear as well.
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CentralCali
Joined: 17 May 2007
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| Posted: Sun Nov 18, 2012 8:54 pm Post subject: |
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| newb wrote: |
| TheUrbanMyth wrote: |
What is it with Korean cops and cars?
That's the second time in a few months that a Korean cop has 'gone along for the ride' |
They want promotion. I also heard the driver was an English instructor from last night's news. |
Here's another thought: it's quite possible that the cop simply got caught when the driver bolted. The cop could've been simply trying to get the standard breathalzyer test, but I doubt that was the case. The policeman may have been trying to physically get the driver out of the car to administer the "field sobriety test" when the driver decided to take off, thus catching the policeman in the vehicle somehow. |
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Steelrails
Joined: 12 Mar 2009
Location: Earth, Solar System
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| Posted: Sun Nov 18, 2012 9:30 pm Post subject: |
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| 4 shots of vodka= a .225???? What was he drinking, Uncle Boris' "Make Olga Look Like Katerina" 190 proof Siberian Blend? |
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Moondoggy
Joined: 07 Jun 2011
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| Posted: Sun Nov 18, 2012 10:14 pm Post subject: |
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| Zackback wrote: |
| I wonder if he was teaching here. |
He's been an esl teacher in korea for a long time. |
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Captain Corea
Joined: 28 Feb 2005
Location: Seoul
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| Posted: Sun Nov 18, 2012 10:20 pm Post subject: |
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| newb wrote: |
| TheUrbanMyth wrote: |
What is it with Korean cops and cars?
That's the second time in a few months that a Korean cop has 'gone along for the ride' |
They want promotion. I also heard the driver was an English instructor from last night's news. |
Yikes - now I'm tempted to text a few Ss I know. lol |
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fosterman
Joined: 16 Nov 2011
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| Posted: Sun Nov 18, 2012 10:22 pm Post subject: |
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| could be a Korean named MR SHIN, who has an American Green card! and used his American license! |
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Moondoggy
Joined: 07 Jun 2011
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| Posted: Sun Nov 18, 2012 10:29 pm Post subject: |
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| fosterman wrote: |
| could be a Korean named MR SHIN, who has an American Green card! and used his American license! |
no he's a white ajosi. |
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Captain Corea
Joined: 28 Feb 2005
Location: Seoul
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| Posted: Sun Nov 18, 2012 11:58 pm Post subject: |
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| fosterman wrote: |
| could be a Korean named MR SHIN, who has an American Green card! and used his American license! |
Would they call him an American if that was the case? |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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| Posted: Mon Nov 19, 2012 4:47 am Post subject: |
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| Captain Corea wrote: |
| fosterman wrote: |
| could be a Korean named MR SHIN, who has an American Green card! and used his American license! |
Would they call him an American if that was the case? |
Because many of the times when some Korean-American/Canadian gets caught for drugs or some other crime, the Korean part often gets erased or down played.
I really hope this idiots actions do not bounce back and effect the rest of the teachers here in Korea. |
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highstreet
Joined: 13 Nov 2010
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| Posted: Mon Nov 19, 2012 5:15 am Post subject: |
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| Skippy wrote: |
| Captain Corea wrote: |
| fosterman wrote: |
| could be a Korean named MR SHIN, who has an American Green card! and used his American license! |
Would they call him an American if that was the case? |
Because many of the times when some Korean-American/Canadian gets caught for drugs or some other crime, the Korean part often gets erased or down played.
I really hope this idiots actions do not bounce back and effect the rest of the teachers here in Korea. |
So, does the media normally write, "German-American", "Irish-American", etc.. for foreigners that get in trouble with the law here in Korea? |
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alongway
Joined: 02 Jan 2012
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| Posted: Mon Nov 19, 2012 5:42 am Post subject: |
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| Interesting; never heard of expats getting DUIs in Korea before, mostly because I don't know many expats with cars here. |
Swing by Rokdrop, they post the crime results each month and there is almost always at least one DUI |
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Captain Corea
Joined: 28 Feb 2005
Location: Seoul
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| Posted: Mon Nov 19, 2012 3:17 pm Post subject: |
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| Skippy wrote: |
| Captain Corea wrote: |
| fosterman wrote: |
| could be a Korean named MR SHIN, who has an American Green card! and used his American license! |
Would they call him an American if that was the case? |
Because many of the times when some Korean-American/Canadian gets caught for drugs or some other crime, the Korean part often gets erased or down played.
I really hope this idiots actions do not bounce back and effect the rest of the teachers here in Korea. |
The ARE Americans then. If their passport says they're Americans, then they are Americans.
A green card holder is not an American - unless I'm misinformed. |
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dairyairy
Joined: 17 May 2012
Location: South Korea
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| Posted: Mon Nov 19, 2012 10:03 pm Post subject: |
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| Has this person been on the news? Is he a Korean-American or what? No one seems to know for sure. No matter what, drinking and driving is a serious offense. No one would defend him. |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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| Posted: Mon Nov 19, 2012 11:35 pm Post subject: |
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| Captain Corea wrote: |
| Skippy wrote: |
| Captain Corea wrote: |
| fosterman wrote: |
| could be a Korean named MR SHIN, who has an American Green card! and used his American license! |
Would they call him an American if that was the case? |
Because many of the times when some Korean-American/Canadian gets caught for drugs or some other crime, the Korean part often gets erased or down played.
I really hope this idiots actions do not bounce back and effect the rest of the teachers here in Korea. |
The ARE Americans then. If their passport says they're Americans, then they are Americans.
A green card holder is not an American - unless I'm misinformed. |
But in the same vein, if said Korean-American does something amazing, then Korea will fully accept them as full citizens. Even half Koreans.
What about full landed Korean immigrants, I have met a a handful of non-Korean citizens. Yet they are not going to be considered Korean if they get in trouble.
If this person had been under SOPA, then you would hear a cry and hue from the media about the evil US military. I have not been paying attention, has there been? |
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CentralCali
Joined: 17 May 2007
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| Posted: Tue Nov 20, 2012 2:40 am Post subject: |
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| SOFA, not SOPA. It stands for Status of Forces Agreement. And it's a heck of a lot weaker than the SOFA the Korean military has for their folks outside of Korea. Heck, it's a lot weaker than the laws relating to how Korean civilian courts in Korea can deal with Korean military. In short: they can't. |
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