"No Possibility of Pedal Misoperation" Conclusion
Costs and Police Cooperation All Burden on Driver
On December 6, 2022, a suspected sudden unintended acceleration accident occurred in Hongje-dong, Gangneung-si, Gangwon Province, resulting in the death of 12-year-old Lee Dohyun. A 're-enactment test' was conducted to determine whether the sudden acceleration was caused by a vehicle defect.
On the 19th, while the driver (plaintiff) is pursuing a damages claim lawsuit worth approximately 760 million KRW against the vehicle manufacturer, the court accepted the plaintiff's request for an 'acceleration pedal operation test at the accident site,' which was conducted on Hoesan-ro in Gangneung-si, the location of the accident.
In Gangneung, Gangwon Province, a "replication test" to determine whether the sudden unintended acceleration of the vehicle, suspected to have caused the death of 12-year-old Do-hyun Lee in December 2022, was due to a vehicle defect was conducted on the afternoon of the 19th at Hoesan-ro, Gangneung City. Do-hyun's father, Sang-hoon Lee, is watching the replication test. [Photo by Yonhap News]
With police cooperation, the test was conducted by attaching a 'transmission diagnostic device' provided by the manufacturer to a 2018 Tivoli Air vehicle.
The test was divided into four parts. The first test involved fully pressing the accelerator pedal at the point where a loud 'weng' noise was heard from the vehicle engine. The second and third tests simulated the moment when the initial sudden acceleration occurred and the vehicle collided with a Morning passenger car. Finally, the speed change was observed while fully pressing the accelerator pedal for 5 seconds at 110 km/h.
The two-hour test suggested a low possibility of 'pedal misoperation.' However, it is expected to take some time before precise measurement data and analysis results are available.
After all tests were completed, Lawyer Ha Jongseon of Law Office Naru, representing the plaintiff, stated, "This is the first sudden unintended acceleration re-enactment test ever conducted in the history of the Republic of Korea, and it strongly suggests that the sudden acceleration was not caused by the driver's pedal misoperation. Although we await detailed analysis, the various claims made during the trial have gained credibility."
Lee Sanghoon, Dohyun’s father, said, "Today marks the 501st day since Dohyun went to heaven. Looking again at the road where Dohyun last ran breaks my heart, and I am angry that consumers have to prove their innocence to this extent."
He continued, "Although the environment for enacting the Dohyun Act (Partial Amendment to the Product Liability Act) was created through a national petition to the National Assembly, the 21st National Assembly did not enact it, only out of consideration for the manufacturer and concerns about the broad impact on the industry. The 21st National Assembly still has a final chance to leave a good legacy, so please pass the Dohyun Act."
Meanwhile, the driver and the manufacturer will continue their legal battle at the hearing for the damages claim case scheduled for May 14 at the Gangneung Branch of Chuncheon District Court.
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