[Comprehensive] What is the Punishment Level for Im Seul-ong's Traffic Accident on a Rainy Road Causing a Pedestrian's Death Due to Jaywalking?

Singer Lim Seul-ong Involved in Pedestrian Fatality Due to Jaywalking While Driving
Agency Expresses "Deep Condolences and Apologies..."

Singer and actor Lim Seul-ong (33), former member of the group 2AM. Photo by Jellyfish Entertainment

[Asia Economy Reporter Han Seung-gon] The incident involving singer and actor Lim Seul-ong (33), formerly of the group '2AM', who fatally struck a man in his 50s jaywalking while driving, has drawn attention to the severity of the punishment Lim might face.

Previously, a driver involved in a similar case was acquitted. Because of this, some speculate that if the circumstances of Lim’s case resemble those of the acquitted case, the punishment might be light or he might not be penalized at all.

According to media reports, on the 1st at around 11:50 p.m., Lim was driving an SUV on a road in Eunpyeong-gu, Seoul, when he hit a man in his 50s, identified as Mr. A, who was jaywalking against a red light at a crosswalk. Mr. A was taken to a nearby hospital immediately after the accident but was reported to have died.

Investigations revealed that Lim had not consumed alcohol at the time of the accident. Lim reportedly admitted to all charges during the police investigation conducted immediately after the incident. The police plan to summon Lim Seul-ong again for supplementary questioning.

As news of Lim’s accident spread, attention has focused on why drivers involved in similar cases were acquitted.

On February 19, the Supreme Court’s 3rd Division (Presiding Justice Jo Hee-dae) upheld the acquittal of Mr. A in the final appeal for violating the Special Act on Traffic Accident Handling (causing death). The court reasoned that since the victim was wearing dark-colored clothing at night, it was difficult for the driver to spot him even if he had fulfilled his duty to keep watch ahead.

Mr. A was prosecuted for hitting and killing Mr. B, who was jaywalking on a two-lane one-way road in Hwaseong, Gyeonggi Province, at around 8:35 p.m. last year. The trial focused on whether Mr. A fulfilled his duty to keep watch ahead and whether he could have applied brakes before the collision.

The first trial court sentenced Mr. A to one year in prison with a two-year probation, stating that he could have prevented the accident.

The court cited as grounds for the guilty verdict: △ the location was not deserted, with a convenience store nearby, △ streetlights were installed around, so it was not impossible to identify Mr. B, and △ the vehicle’s speed did not decrease but rather increased until just before the collision.

[Image source=Yonhap News]

However, the appellate court overturned the first trial’s ruling, stating, "It is difficult to believe that Mr. A could have seen Mr. B jaywalking."

The second trial court explained, "Although there were streetlights and lights from building signs, Mr. B was wearing dark-colored clothes, making it hard to spot him. The black box footage shows Mr. B only moments before the accident."

It added, "Therefore, Mr. A could not have applied the brakes in time. Considering that Mr. A did not violate any traffic laws at the time, there is no evidence of negligence on his part."

The Supreme Court also ruled, "The lower court did not err in its legal interpretation regarding the establishment of the offense of violating the Special Act on Traffic Accident Handling (causing death)."

In Lim’s case, if there are circumstances that made it difficult for him to spot the victim despite fulfilling his duty to keep watch ahead, the question of negligence will likely be a key issue.

Meanwhile, Lim Seul-ong’s agency released an official statement on the afternoon of the 4th, saying, "We respectfully offer our condolences to the victim and express deep sympathy to the bereaved family regarding the fatal accident." They added, "Lim Seul-ong has undergone police investigation according to procedure and was subsequently released, but he is in a state of severe psychological shock." They further requested understanding, stating, "Since the police investigation results are not yet finalized, we cannot disclose detailed information at this time."