Why the Driver Who Hit a Jaywalking Elderly Man on a Ten-Lane Road Was Acquitted

Court: "Difficult to Conclude That the Situation Was Normally Foreseeable"

A driver who struck and killed a man in his 70s while he was jaywalking across a ten-lane road in the early morning hours has been acquitted again on appeal.

On July 26, Yonhap News reported that the Criminal Appellate Division 1-3 of the Suwon District Court (Presiding Judges Kim Jonggeun, Jung Changgeun, and Lee Heonsuk) upheld the lower court's acquittal of a man in his 30s, identified as A, who had been charged with violating the Special Act on Traffic Accident Handling (Resulting in Death).

Suwon Court Complex. Photo by Yonhap News

A was indicted for hitting B, who was crossing at a crosswalk, at around 4:30 a.m. on January 5, 2023, on a road in Anyang. A was driving at approximately 85.6 km/h, exceeding the speed limit by 20 km/h. B was transported to a nearby hospital but ultimately died.

The speed limit on the road at the time was 60 km/h, but it was found that A was driving 20 km/h over the limit.

The first trial court stated, "It is difficult to conclude, beyond a reasonable doubt, that the defendant could have foreseen or avoided the accident, or that the act of exceeding the speed limit was causally linked to the accident," and acquitted A.

The original verdict found that the incident occurred while A was driving through a green light and B was jaywalking, making it difficult to conclude that this was a situation that could normally be anticipated. The court also noted that there was no evidence A was driving under the influence or was drowsy, or had committed any other form of negligence.

The fact that the victim was wearing dark clothing, making it difficult for A to notice him, was also taken into consideration.

The appellate court also stated, "At the time of the accident, the environment was not conducive for the defendant to easily identify the victim," and explained, "Even according to the black box footage, the victim suddenly appears in the crosswalk only when the defendant reaches the stop line."

The court added, "Even if the defendant had braked suddenly while observing the speed limit, it is entirely possible that there would not have been enough stopping distance," and, "Even if the defendant had not neglected his duty to keep a lookout, it cannot be concluded that the accident could have been avoided."