70s Person Dies After Falling on Sudden Stop Bus, Driver Found Guilty

Article "I was just paying attention ahead" defense
Court "Victims who got up before stopping are also at fault
... But should have prevented accident considering passengers getting up early"

A bus driver was sentenced to a suspended prison term by the Supreme Court after an elderly passenger fell and died inside a city bus that made a sudden stop. ▶Asia Economy April 28th issue [Seocho-dong Legal Story] 70s elderly dies after falling on sudden stop bus... Driver says "I was only watching the front" - see article

The photo is unrelated to the article content.

According to the legal community on the 1st, the Supreme Court's 3rd Division (Presiding Justice Ahn Cheol-sang) recently ruled that "claims that merely dispute the facts without specific arguments do not constitute valid grounds for appeal," and confirmed the lower court's sentence of 8 months imprisonment with 2 years probation for the bus driver in his 60s, Kim Mo. The sentence also included 80 hours of community service and 40 hours of attending a safe driving lecture.

Earlier, on December 30, 2020, around 3 p.m., Kim was driving a bus from Sungnyemun to Euljiro 1(il)-ga Station in Jung-gu, Seoul, when he suddenly braked after belatedly noticing that the bus ahead had stopped due to a taxi cutting in. The bus was traveling at 29 km/h about 80 meters before the bus stop. During this process, a woman in her 70s who had already stood up in preparation to get off was thrown forward due to the sudden stop. She hit her head on the pillar card reader near the driver's seat and was seriously injured. She was hospitalized in a university hospital but passed away about a week later.

The prosecution pointed out that "Kim failed to fulfill his duty of care in the course of work" and brought criminal charges. On the other hand, Kim's side denied negligence, stating "the defendant could not have predicted or avoided the accident."

The first trial found Kim guilty. The trial court stated, "The vehicle driven by the defendant was not a passenger car but a city bus carrying passengers. There are not only seated passengers but also standing passengers, and boarding and alighting occur frequently." It added, "The defendant should have exercised more careful attention for passenger safety." However, it also noted, "The victim was at fault for pressing the stop bell and standing up before the bus had completely stopped at the stop. This was considered one of the causes of the accident."

In the appeal trial, Kim's side argued, "The defendant only made a sudden stop because the bus ahead, which was maintaining a 7-8 meter distance, stopped. He fulfilled his duty to watch the front." They also emphasized that the passenger who fell was the only elderly woman and that announcements and notices inside the bus had regularly advised passengers not to stand up while the bus was stopped.

The second trial court dismissed Kim's appeal, stating, "The black box footage shows the bus body shaking significantly back and forth at the time of stopping. It was a deceleration somewhat stronger than usual braking." It explained that the accident occurred because the elderly woman lost her grip on the safety bar due to the swaying.

The second trial court acknowledged that the onboard announcement included the message, 'Especially elderly and vulnerable passengers, please get off slowly after the bus has stopped,' but considering that some passengers stand up before the bus stops, it stated that Kim should have prevented the accident. It further said, "In Korea's public transportation culture, it is not uncommon for passengers to stand up before the bus has completely stopped. The defendant should have anticipated this and prevented situations that could cause sudden changes in speed." The Supreme Court also agreed with this judgment and dismissed Kim's appeal.