The Driver Steps In and Bystanders Help in the 'Gangneung Sudden Acceleration' Reenactment, Surprising Outcome

First Reenactment Test Conducted at Sudden Acceleration Suspected Accident Site
The Test Was Conducted Four Times Over Approximately Two Hours

On December 19, a 're-enactment test' was conducted to determine whether the sudden unintended acceleration of the vehicle, suspected in the accident that caused the death of Lee Dohyeon in December 2022, was due to a vehicle defect. It has been revealed that a citizen voluntarily helped by lending a vehicle for this test.

This test was requested by the plaintiffs, including driver A, Dohyeon's grandmother, and her family, in a lawsuit seeking approximately 760 million KRW in damages against the manufacturer KG Mobility. It is the first re-enactment test conducted on-site for a sudden unintended acceleration accident that occurred in South Korea.

In Gangneung, Gangwon Province, a "re-enactment test" to determine whether the sudden unintended acceleration was caused by a vehicle defect in the suspected sudden acceleration accident that resulted in the death of Lee Dohyun (12 years old at the time of death) in December 2022 was conducted on the afternoon of the 19th on Hoesan-ro, Gangneung City. Cameras and transmission diagnostic devices are being installed on a '2018 Tivoli Air' vehicle, the same model as the accident vehicle.
[Photo by Yonhap News]

The test, held on Hoesan-ro in Gangneung-si, Gangwon-do, the site of the accident, was conducted using a ‘2018 Tivoli Air’ vehicle identical to the accident vehicle, equipped with a ‘transmission diagnostic device’ provided by the manufacturer (defendant). The police cooperated in controlling the road, and a professional appraiser appointed by the court observed the test.

According to the current Product Liability Act, the re-enactment test was prepared by the consumer family. Dohyeon's father attempted to purchase the same model and year as the accident vehicle for the test, but a Gangneung citizen who learned of the situation through an online community lent his own car despite knowing it might get damaged. Driving assistance in this risky situation was also provided by a Gangneung citizen holding a professional license.

The test was conducted four times over about two hours. The first test involved pressing the full accelerator pedal at the point where the vehicle engine had made a 'wheeng' loud noise. The test result showed the speed reached up to 120 km/h. The accident vehicle’s Event Data Recorder (EDR) recorded that Dohyeon's grandmother pressed the full accelerator pedal during the last 5 seconds, but the actual speed only rose to between 110 km/h and 116 km/h.

This accident occurred on December 6, 2022, in Hongje-dong, Gangneung-si, Gangwon-do, while Ms. A, a woman in her 60s and the grandmother of Lee Dohyun, was driving an SUV. As a result, her grandson Lee Dohyun, who was in the car, died.
[Photo by MBC News]

Considering that the test ran about 100 meters less than during the accident to secure braking distance, this result suggests that the EDR record of 'pressing the full accelerator' itself was incorrect. Lawyer Ha Jongseon from the law firm Naru, representing the plaintiffs, said, "If maximum acceleration had been applied until the end, the speed would have reached 140 km/h as we claim."

Furthermore, observing the speed change when pressing the full accelerator for 5 seconds at 110 km/h showed speeds of 135-140 km/h, differing from the National Forensic Service’s analysis based on the EDR record (116 km/h) but similar to the professional appraiser’s analysis selected by the court (136.5 km/h). Regarding these results, the driver’s side argued, "We can say that the reliability of the EDR has been lost as we claim."

Consumer bears burden of proving defect; bereaved family urges 21st National Assembly to achieve meaningful outcome

In Gangneung, Gangwon Province, a "re-enactment test" to determine whether the sudden unintended acceleration of the vehicle, suspected in the accident that caused the death of Lee Dohyun (12 years old at the time of death) in December 2022, was due to a vehicle defect was conducted on the afternoon of the 19th at Hoesan-ro, Gangneung City. Dohyun's father, Lee Sanghoon, is watching the re-enactment test.
[Photo by Yonhap News]

Lee Sanghoon, Dohyeon's father, who observed the test, said, "Anyone who has driven on this road even once knows that it is impossible to drive due to pedal misoperation," and added, "Unlike the National Forensic Service, which concluded based on possibilities and inferences, I am confident that this appraisal result scientifically proves that it was not pedal misoperation."

He continued, "Today marks the 501st day since Dohyeon went to heaven. Looking again at the road where Dohyeon last drove breaks my heart, and I am angry that consumers have to prove their innocence to this extent," urging, "The 21st National Assembly still has a chance to achieve a meaningful outcome, so please pass the Dohyeon Act."

The accident occurred on December 6, 2022, in Hongje-dong, Gangneung-si, Gangwon-do, when A, a woman in her 60s and Dohyeon's grandmother, was driving an SUV. As a result, her grandson Lee Dohyeon died in the vehicle. In February last year, 50,000 people agreed to a petition submitted by the family to the National Assembly, paving the way for discussions on enacting the 'Dohyeon Act (Partial Amendment to the Product Liability Act),' which would shift the burden of proving defects from consumers to manufacturers. However, the bill faces automatic expiration with the end of the 21st National Assembly’s term.