Elderly Man with Dementia Struck and Killed by Car... Driver Acquitted in First Trial

"At Night, No Streetlights Made It Hard to Anticipate"
Court Finds It Difficult to Recognize Negligence

In a case involving the death of an elderly man in his 80s who was struck and killed by a vehicle while walking along the center line at night, the court has acquitted the driver. The court ruled that "it was difficult for the driver to foresee or avoid the accident," and determined that the charges were not substantiated.

According to the legal community on April 19, Judge Kim Hyunji of the Jeonju District Court Criminal Division 6 acquitted A, a 31-year-old defendant, who had been indicted on charges of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (resulting in death).

A was charged with striking and killing B, an 83-year-old man, with his vehicle at around 7:05 p.m. on December 23 last year on a road in Sangwan-myeon, Wanju-gun, North Jeolla Province, as B was walking along the central median. The victim, B, was suffering from dementia.

The key issue in the case was whether A had fulfilled his duty of care as a driver, including the obligation to keep a proper lookout. The prosecution argued that "the accident was caused by the driver's failure to keep a proper lookout," while the defense claimed that "it is impossible to anticipate a pedestrian approaching along the center line at night," and argued for acquittal.

The court comprehensively considered the road conditions, vehicle speed, and the range of visibility, and concluded that it was difficult to find negligence on the part of the defendant. Judge Kim pointed out, "At the time of the accident, the victim was wearing dark-colored clothing and was walking along the central median in the direction opposite to the flow of traffic," adding, "It is difficult for an ordinary driver to anticipate the presence of a pedestrian approaching along the center line."

The judge further noted, "At the time of the accident, there were no streetlights on the road, it was already 7 p.m., well after sunset at 5:22 p.m., and the range of visibility with the vehicle's headlights was about 40 meters," and added, "The defendant's driving speed was 83.2 km/h, exceeding the speed limit (80 km/h) by 3.2 km/h, but even if he had observed the speed limit, it is unclear whether the accident could have been avoided."

Ultimately, the court concluded, "It is difficult to find that the defendant could have recognized the presence of the pedestrian and avoided the collision," and acquitted the defendant.