"Sudden Acceleration Fatal Accident" First Trial Acquittal Overturned, Guilty Verdict in Second Trial... "Mistaken Acceleration Pedal"

Court: "No Vehicle Defect, Driver's Fault"

The appellate court overturned the first trial, which acquitted the defendant by acknowledging the possibility of 'sudden unintended acceleration' in a fatal traffic accident, and ruled that the driver was at fault, delivering a guilty verdict.

On the 10th, the 3rd Criminal Division of the Daejeon District Court (Presiding Judge Son Hyun-chan) sentenced Mr. A, in his 50s, to one year in prison with a two-year probation in an appeal trial for a charge of causing death under the Special Act on the Treatment of Traffic Accidents.

The court judged the accident to have been caused by driver negligence based on the results of the National Forensic Service (NFS) investigation and the opinions of expert psychological evaluators. The court stated, "No mechanical abnormalities were found in the vehicle’s speeding or braking system, and it appears the defendant did not step on the brake at the time of the accident," adding, "The accident seems to have resulted from driver error due to mistaking the accelerator pedal."

Accordingly, the appellate court delivered a guilty verdict. The court explained the sentencing rationale, saying, "The degree of negligence is not light, and the victims’ families suffered great shock and mental distress from the sudden accident. However, considering that the defendant was in an extremely agitated state and mistook the accelerator pedal, failing to properly control the vehicle, that the insurance company paid compensation to the bereaved families, and that additional compensation will be provided through civil litigation, these circumstances were taken into account."

Earlier, Mr. A was indicted on charges of causing death after hitting Mr. B, a security guard at Korea University in Seongbuk-gu, Seoul, with his Grandeur passenger car while driving across the university plaza at 3:23 p.m. on December 29, 2020. Mr. B was transported to the hospital after the accident but died during treatment.

Mr. A’s side claimed the sudden acceleration accident occurred because the brakes failed due to a vehicle defect. The first trial court acquitted him, acknowledging the possibility of a vehicle defect. However, the prosecution appealed, citing factual errors and misinterpretation of the law.

During the appeal process, Hyundai Motor Company, the manufacturer of the accident vehicle, also submitted a statement regarding the accident. Hyundai argued that there was no problem with the vehicle’s braking power (brake pedal) and that the accident was caused by the driver’s mistake of pressing the accelerator pedal instead of the brake pedal.

Mr. A’s side immediately expressed their intention to appeal to the Supreme Court. Mr. A’s lawyer said, "We will present our opinions on the grounds for the guilty verdict and contest the case again at the Supreme Court."