Pedestrian Fatally Struck After Falling onto Roadway at Dawn... Driver Acquitted Again on Appeal

Court: "Avoiding the collision would have been impossible even with sudden braking"

A driver in his 60s who struck and killed a pedestrian who had fallen onto the roadway in the early morning hours has been acquitted in both the initial trial and on appeal.

The Criminal Appellate Division 3 of the Incheon District Court (Presiding Judge Choi Seongbae) announced on the 9th that it had delivered a not guilty verdict in the appellate trial of Mr. A (61), who was indicted on charges of causing death under the Act on Special Cases Concerning the Settlement of Traffic Accidents.

Incheon District Court

Mr. A was brought to trial on charges of fatally striking Mr. B (61) with his vehicle at around 1:45 a.m. on May 26, 2023, on a two-lane one-way road in Bucheon, Gyeonggi Province, after Mr. B had fallen into the roadway.

At the time of the accident, Mr. B had tripped over a vehicle entry barrier and suddenly fell toward the road, while Mr. A's vehicle was traveling at a speed below 30 km/h. Mr. B sustained severe injuries and was transported to the hospital, but died from traumatic severe brain injury.

The court of first instance acquitted Mr. A, noting that the accident occurred in the early morning hours with rain making it difficult to see the surroundings, and stating that even if Mr. A had spotted Mr. B and braked suddenly, it would have been difficult to avoid the collision.

The appellate court also explained that when Mr. B fell toward the road, the distance between him and the vehicle was about 9.5 meters, leaving only 1.3 seconds until the collision occurred.

The court stated, "It would have been difficult to anticipate that the victim, who fell more than one meter away from the boundary between the road and the sidewalk, would topple in the direction of the roadway," and added, "Even if the defendant had braked suddenly afterward, it is highly likely that avoiding the collision would have been impossible." The court concluded, "The judgment of the original trial is justified, and the prosecutor's claim of factual error is not accepted," thereby dismissing the prosecution's appeal.