70s Elderly Man Dies After Falling on Sudden Stop Bus... Bus Driver Found Guilty

In relation to the accident where an elderly passenger fell and died due to the city bus making a sudden stop, the bus driver was sentenced to a suspended prison term. The photo is unrelated to the article. Photo by Moon Honam munonam@

[Asia Economy Reporter Kim Daehyun] A bus driver was sentenced to a suspended prison term in the first trial for the death of an elderly passenger who fell inside a city bus after sudden braking.

According to the court on the 26th, Judge Shin Hyun-il of the Seoul Central District Court Criminal Division 7 recently sentenced bus driver A (61, male), who was charged with involuntary manslaughter under the Traffic Accident Processing Act, to eight months in prison with a two-year suspension. A prison sentence means confinement in a correctional facility but, unlike imprisonment, does not require forced labor. He was also ordered to complete 80 hours of community service and 40 hours of a safe driving course.

Earlier, on December 30, 2020, around 3 p.m., A was driving a bus from Sungnyemun in Jung-gu, Seoul, to Euljiro 1(il)-ga Station when he suddenly braked after belatedly noticing the bus ahead had stopped. The bus was traveling at 29 km/h about 80 meters before the bus stop.

During this process, 71-year-old grandmother B, who was standing up to prepare to get off, was thrown forward due to the sudden stop. B hit her head on the card reader pillar near the driver's seat and was seriously injured. She was hospitalized in a university hospital but passed away about a week later.

Article 3, Paragraph 1 of the current Traffic Accident Processing Act states, "A driver who causes death or injury to a person due to negligence or gross negligence in the course of work shall be punished by imprisonment for up to five years or a fine of up to 20 million won."

The prosecution argued that A failed to fulfill his duty of care at work and brought him to criminal trial. On the other hand, A and his lawyer denied the charges, claiming "there was no negligence in the traffic accident."

The first trial found him guilty. It pointed out, "The vehicle driven by the defendant was not a private car but a city bus carrying passengers" and "There are not only seated passengers but also standing passengers, and boarding and alighting occur frequently, so more careful attention should have been paid to passenger safety." Considering that the bus stop was about 80 meters ahead and that some passengers, like B, stand up in advance, the court held that sudden speed changes should have been prevented.

Judge Shin explained, "The defendant's negligence in considering passenger safety was a decisive cause of the accident" but also "The victim was at fault for pressing the stop bell and standing up before the bus had completely stopped at the bus stop. This was also a contributing factor to the accident." The court also took into account that A had no prior road traffic-related criminal record and that the city bus insurance would cover part of the damages.

A has appealed against this ruling.