"Lost His Wife in Sinkhole Accident"...Police Refer Driver to Prosecution, What Was the Prosecutors' Decision?

Police Cite "Failure to Keep a Proper Lookout," Charge Driver with Causing Death
Prosecutors Drop Charges, Citing Marital Relationship and Circumstances

It was belatedly revealed that police referred an octogenarian driver to the prosecution on charges of causing death by negligence after a sinkhole accident in Yeonhui-dong, Seodaemun-gu, Seoul last year, which resulted in the death of his wife. Despite the fact that the driver himself was also a victim who suffered serious injuries, criticism has arisen that the investigation leading up to his referral to the prosecution amounted to "over-investigation."

Last year, a sinkhole occurred on a road in Yeonhui-dong, Seodaemun-gu, and emergency repair work was underway. Photo by Asia Economy Database

According to legal sources on the 24th, the Seoul Western District Prosecutors’ Office issued a suspension of indictment for Mr. A, an 83-year-old man who was referred to them in March on charges of causing death under the Act on Special Cases Concerning the Settlement of Traffic Accidents. A suspension of indictment is a non-prosecution disposition in which the facts of the case are acknowledged, but the suspect is not brought to trial in consideration of the circumstances and consequences of the offense.

The sinkhole accident occurred at 11:26 a.m. on August 29 last year on Seongsan-ro, Yeonhui-dong, Seodaemun-gu. At that time, the middle of the road suddenly collapsed, creating a sinkhole measuring 6 meters wide, 4 meters long, and 2.5 meters deep, into which the white SUV driven by Mr. A fell. As a result of the accident, his wife in her seventies, who was in the passenger seat, was rescued in cardiac arrest but ultimately died, and Mr. A was also seriously injured.

Based on circumstances and CCTV footage showing that vehicles ahead of Mr. A’s car had avoided the sinkhole, the police concluded that "if the driver had paid sufficient attention to the road ahead, it might have been possible to avoid the accident," and booked Mr. A on charges of causing death by negligence, referring him to the prosecution in February of this year.

The police explained, "Because the accident resulted in the death of a passenger, we had to refer the case to the prosecution," adding, "However, we did submit an opinion that there may be extenuating circumstances due to the road conditions."

However, criticism has emerged that the investigation process was excessive, as the driver himself was also a victim who suffered serious injuries, and, more importantly, responsibility for the sinkhole that caused the accident has not been clearly determined. In fact, although the police investigated the road management authorities, they could not find grounds for criminal liability, so the investigation into the cause of the sinkhole was closed without charges.

The Seoul Western District Prosecutors’ Office, which received the case, stated, "We issued a suspension of indictment in consideration of the fact that the driver himself was also a victim and that the victim and the driver were married."