Mother in Her 30s Critically Injured in Scooter Accident... How Severe Could Rental Company Punishment Be?

Police: "No Precedent for Charging Scooter Rental Companies"

Regarding the electric scooter accident in Incheon, where a mother in her 30s fell into critical condition while trying to protect her daughter, there are expectations that even if the scooter rental company is punished for aiding and abetting unlicensed driving, the level of punishment will be quite low.

According to the police on November 19, the Yeonsu Police Station in Incheon plans to soon summon and question representatives of the rental company that provided scooters to two middle school students, including a girl referred to as A, who caused the accident while operating the scooter without a license.

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Although an investigation has not yet been conducted, the police believe the company rented out the scooters without properly verifying the users' licenses and are expected to apply charges of aiding and abetting unlicensed driving.

Under the Criminal Act, a person who aids and abets another's crime is punished as an accomplice. In such cases, the sentence for the accomplice cannot exceed that of the principal offender. In other words, the company representative accused of aiding and abetting will face a lighter sentence than the unlicensed driver.

If an individual operates a personal mobility device without a license, Article 156 of the Road Traffic Act stipulates a fine of up to 200,000 won, detention for at least one day and less than 30 days, or a minor fine ranging from 2,000 won to less than 50,000 won.

Even if the rental company is found guilty in court, the level of punishment will inevitably be lower than that of the unlicensed driver. Recently, a legislative amendment was proposed in the National Assembly to impose up to two years of imprisonment or a fine of up to 20 million won on scooter rental businesses that fail to verify users' licenses. However, this amendment has not yet been passed.

The police are considering referring both the two middle school students who rode the scooters and the rental company representative to the prosecution together if, after completing their investigation, they determine that charges can be applied.

The middle school students, including A, are under investigation for causing injury under the Special Act on Traffic Accidents and for unlicensed driving under the Road Traffic Act. A police official stated, "There has not yet been a case where such charges have been applied to a scooter rental company," and added, "We will determine whether to apply aiding and abetting charges after the investigation into the company is completed."

Previously, in Yeonsu District, Incheon, on October 18, a woman in her 30s who was trying to protect her young daughter was struck by an electric scooter ridden by two unlicensed middle school students and fell into critical condition.