A man in his 60s who struck and killed a pedestrian who had fallen onto the roadway during the early morning hours has been acquitted in both the first trial and the appellate court.
On December 9, the Criminal Appellate Division 3 of the Incheon District Court, presided over by Chief Judge Choi Seongbae, announced that it had acquitted Mr. A (61), who was indicted on charges of causing death by violating the Special Act on Traffic Accident Handling.
Mr. A was charged with driving his vehicle on a two-lane one-way road in Bucheon, Gyeonggi Province, at around 1:45 a.m. on May 26, 2023, and fatally striking Mr. B (61), who had fallen onto the road.
Mr. B sustained severe injuries and was transported to a hospital, but died from a traumatic severe brain injury.
At the time of the accident, it was determined that Mr. B had tripped over a vehicle entry prohibition post and suddenly fallen onto the road. Mr. A’s vehicle was traveling at a speed of less than 30 kilometers per hour.
The first trial court ruled that it was difficult to see surrounding objects due to the early morning hour and rain, and that even if Mr. A had spotted Mr. B and braked suddenly, it would have been difficult to avoid the collision, thus acquitting him.
The appellate court also explained that when Mr. B fell toward the roadway, the distance between him and the vehicle was approximately 9.5 meters, leaving only 1.3 seconds until the collision.
The appellate court stated, "It would have been difficult to anticipate that the victim, who had fallen more than one meter away from the boundary between the road and the sidewalk, would suddenly topple toward the roadway," adding, "Even if the defendant had braked suddenly afterward, it is highly likely that avoiding the collision would have been impossible."
The court continued, "The original judgment is justified, and the prosecutor’s claim of factual error is not accepted," thereby dismissing the prosecution’s appeal.
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