First On-Site Driving Reenactment and Testimony from ECU Expert in Korea
Court: "Driver Likely Mistook Accelerator for Brake Pedal"
The scene of the suspected sudden unintended acceleration accident in December 2022. Gangneung Fire Station
In a civil lawsuit filed by the family of Lee (who was 12 years old at the time), who died in an accident involving a vehicle suspected of sudden unintended acceleration in Gangneung, Gangwon Province in 2022, the court ruled in favor of the manufacturer, KG Mobility (formerly SsangYong Motor). The court determined that it was more likely the accelerator pedal was mistaken for the brake pedal, rather than a case of sudden unintended acceleration.
On May 13, the Civil Division 2 of the Gangneung Branch of the Chuncheon District Court (Presiding Judge Park Sangjun) ruled against the plaintiffs in the 920 million won damages lawsuit filed by Lee's family against KG Mobility.
The court did not accept any of the family's claims that the accident was caused by sudden unintended acceleration due to a defect in the electronic control unit (ECU) software, and that the automatic emergency braking (AEB) system failed to operate during rapid acceleration, thereby failing to prevent the accident.
The court stated, "It appears that the driver (the grandmother) pressed the accelerator pedal, mistaking it for the brake pedal, so it is difficult to conclude that this accident was caused by an ECU defect."
However, after the verdict, Lee's father immediately announced his intention to appeal. He argued that it is impossible for a driver to mistake the accelerator for the brake over a period of about 30 seconds during sudden unintended acceleration, and insisted that this was a typical sudden unintended acceleration accident caused by an ECU software defect.
On the other hand, KG Mobility countered that the EDR (Event Data Recorder) record, which showed the accelerator pedal was fully pressed, and the National Forensic Service analysis, both supported the case of pedal misapplication. The trial included expert evaluation of the EDR's reliability, analysis of black box video and audio, the first on-site driving reenactment in Korea, and the first court testimony by an ECU software expert.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
