Driver Leaves After Pedestrian Falls Due to Sudden Stop Without Collision, Charged with Hit-and-Run Resulting in Injury

Court Finds Sudden Braking Was the Cause of the Accident

A driver who left a pedestrian, startled by a vehicle and knocked over without any collision, without taking appropriate action has been fined.

Electric scooter. Photo is not related to any specific expression in the article. Photo by Hyunmin Kim

On December 31, the Ulsan District Court Criminal Division 5 (Presiding Judge Cho Kukin) announced that it had sentenced Mr. A to a fine of 3 million won for violating the Act on the Aggravated Punishment of Specific Crimes (Hit-and-Run Resulting in Injury).

Mr. A was charged with causing Mr. B, who was riding a shared electric scooter and crossing at a crosswalk in Dong-gu, Ulsan, last August, to fall and then fleeing the scene.

At the time, Mr. A was driving over the speed limit and attempted to make a right turn at a red light without stopping at the crosswalk. Upon suddenly noticing Mr. B, Mr. A stopped abruptly. Although there was no actual contact, Mr. B, startled by Mr. A’s vehicle, lost balance on the scooter and fell to the ground, injuring his face.

Mr. A immediately got out of the driver’s seat and wiped Mr. B’s face with a wet tissue, but, judging that there were no significant injuries, left the scene.

However, Mr. B was later diagnosed at the hospital with a rib fracture and other injuries requiring four weeks of recovery, and Mr. A was prosecuted for hit-and-run.

During the trial, Mr. A claimed that Mr. B had fallen on his own while riding the scooter at high speed across the uneven crosswalk.

However, the court did not accept this argument. The court determined that Mr. A’s failure to reduce speed and violation of the stop signal, as well as his delayed recognition of Mr. B and abrupt stop, were the main causes of the accident. Furthermore, the court found that Mr. A’s decision to leave the scene based solely on his own judgment that Mr. B was fine, despite Mr. B not clearly stating that he did not need hospital transport or treatment, constituted a hit-and-run.

The court stated, “Despite the seriousness of the offense, the defendant appears not to acknowledge his wrongdoing.”

However, the court explained the sentencing by noting, “Consideration was given to the fact that the victim also bears significant responsibility for the accident and that the damages are likely to be covered by insurance.”