Charge of Aiding and Abetting Unlicensed Driving by Middle School Students
In connection with an accident in which a mother in her 30s fell into critical condition after being struck by an electric scooter driven by a middle school student while trying to protect her daughter, police have decided to apply the charge of aiding and abetting unlicensed driving to the scooter rental company as well, resulting in criminal prosecution.
According to a report by Yonhap News Agency on December 11, the Incheon Yeonsu Police Station has booked, without detention, Mr. A, the head of the relevant department at the scooter rental company, on suspicion of aiding and abetting unlicensed driving. Under the dual punishment rule, which holds both the individual and the corporation accountable, the company itself has also been booked.
Mr. A and the rental company are accused of renting out a scooter to middle school student Ms. B on October 18 without properly verifying whether she held a license, thereby aiding and abetting unlicensed driving. Under the Road Traffic Act, anyone operating a personal mobility device (PM) such as an electric scooter must possess either a Class 2 motorized bicycle license or a driver’s license, both of which are only available to individuals aged 16 or older.
After further investigation, the police plan to refer Mr. A, Ms. B, and another middle school student who drove the scooter, to the prosecution. It is reported that there have been no previous cases in South Korea where a scooter rental company has been prosecuted for aiding and abetting unlicensed driving.
Previously, on October 18 in Yeonsu District, Incheon, a woman in her 30s was critically injured after attempting to protect her daughter from an electric scooter driven by two unlicensed middle school students. Since the students involved are not under the age of 14, they are subject to criminal prosecution. They are currently under investigation by the police for causing injury under the Special Act on Traffic Accident Handling and for unlicensed driving under the Road Traffic Act.
Meanwhile, the number of cases involving crackdowns on unlicensed use of personal mobility devices (PM), such as electric scooters, increased fivefold over three years, from 7,164 cases in 2021 to 35,382 cases last year. Among these, unlicensed driving by individuals aged 19 or younger accounted for 55.1% of the total, and teenagers were responsible for 82 out of 147 hit-and-run PM driving cases (55.8%).
Poor management by electric scooter rental companies has been cited as a contributing factor. Although a bill to strengthen related regulations has been introduced in the National Assembly, it has not yet been passed.
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