Teen Motorcycle Rider Found Not Guilty for Hitting Drunken Pedestrians Jaywalking at Night
[Asia Economy Reporter Kim Hyung-min] The Supreme Court acquitted a teenage motorcycle rider who hit a pedestrian jaywalking while intoxicated late at night.
The Supreme Court's 3rd Division (Presiding Justice Cho Hee-dae) announced on the 22nd that it upheld the lower court's acquittal in the appeal trial of A (19), who was charged with violating the Special Act on Traffic Accident Handling (injury).
In March 2018, around 9:20 p.m., on a road in Yongin, Gyeonggi Province, A was riding a motorcycle after completing a delivery when he struck B (60), who was jaywalking while intoxicated. B suffered serious injuries requiring 18 weeks of medical treatment, and A was brought to trial.
The first trial sentenced A to six months in prison with a two-year probation, considering factors such as the road being located in a densely populated residential area, A not reducing speed until the accident occurred, and the absence of any obstacles obstructing the forward view. The second trial court overturned the original verdict, ruling that it was difficult to see that A could have foreseen or avoided the accident, and acquitted him.
The second trial court stated, "Considering the road conditions, it is difficult to expect A to drive while anticipating a pedestrian jaywalking at high speed near a crosswalk in the dark night," and added, "The accident road curves to the right from the defendant's direction before a straight section begins, so A could not have seen the victim before then."
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They also noted that at the time the victim was jaywalking, a bus crossing from the opposite direction momentarily restricted A's view. The Supreme Court affirmed the lower court's ruling, stating, "There is no evidence to prove the crime, so the acquittal was appropriate."
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