Driver who caused accident while avoiding 'kalchigi' found 'not guilty' in trial

Charged with fleeing after rear-end collision
Found not guilty after summary indictment and formal trial request

A driver who was summarily prosecuted on charges of causing an accident and fleeing after trying to avoid the so-called 'kalchigi'?abruptly changing lanes without securing a safe distance?filed a formal trial request and was acquitted of the charges.

On the 11th, Judge Lee Hwan-gi of the Seoul Central District Court Criminal Division 4 announced that he had acquitted Mr. A (44), who was charged with violating the Road Traffic Act (failure to take action after an accident).

Mr. A, a driver, was driving a K9 passenger car at about 10:50 p.m. on December 22, 2022, on a one-way three-lane road in Jung-gu, Seoul, traveling at approximately 55 km/h along the second lane toward Namsan No.1 Tunnel. At the time, he was on his way home after driving the company’s CEO.

The accident occurred when a taxi traveling in the first lane suddenly changed lanes and cut in. To avoid a collision, Mr. A quickly turned the steering wheel to the right, but according to the investigation, the right rear bumper of the K9 passenger car Mr. A was driving struck the left front bumper of another taxi traveling in the third lane behind him. The prosecution judged that Mr. A caused damage amounting to about 3.9 million won in repair costs to the taxi behind and fled the scene without stopping immediately to take necessary measures, leading to summary prosecution.

Mr. A claimed that the prosecution’s disposition was unfair and requested a formal trial. The court did not recognize that the vehicle Mr. A was driving collided with the taxi in the third lane, judging that Mr. A was likely unaware of the accident involving the third-lane taxi.

Furthermore, it was revealed that if Mr. A had not turned the steering wheel and instead applied the emergency brake during the kalchigi incident, it would have been a critical situation where avoiding an accident with the taxi ahead would have been difficult. Accordingly, the court judged that Mr. A narrowly avoided the accident, but the third-lane taxi’s front bumper was damaged for other reasons due to the driver’s shock at the situation.

In fact, there were no signs of damage on the K9 vehicle from the accident, and the analysis by the Korea Road Traffic Authority did not confirm any shaking that would definitively indicate a collision between the two vehicles at that time. The court also found it difficult to find any motive or reason for Mr. A to flee the scene, considering he was driving the CEO at the time.

The court stated, "Failure to take action after an accident is a crime punishable only when there is awareness of injury to a person or damage to property," and explained the reason for acquittal: "There is no evidence or proof beyond a reasonable doubt that Mr. A recognized the accident, even if implicitly, and fled without taking action."

Meanwhile, reckless driving corresponding to 'kalchigi' can be punished under the Road Traffic Act. In cases of reckless overtaking or cutting in, violators may face a fine of up to 200,000 won or detention under Articles 21 and 22 of the Road Traffic Act.