Supreme Court: "If the offender does not follow the damaged vehicle after a collision and flees without settling, it is a hit-and-run"

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] The Supreme Court has ruled that if the at-fault vehicle flees after a minor collision, it should be considered a hit-and-run even if the victim's vehicle stops without pursuing the fleeing vehicle.

The Supreme Court's First Division (Presiding Justice Lee Ki-taek) overturned the lower court's ruling that sentenced Mr. A to a fine of 3 million won on charges of violating the Act on the Aggravated Punishment of Specific Crimes (hit-and-run injury) and the Road Traffic Act (failure to take action after an accident), and remanded the case to the Chuncheon District Court Gangneung Branch, the court announced on the 23rd.

In May 2018, Mr. Hwang was driving a dump truck and changed lanes, hitting the rear of a passenger car traveling in the adjacent lane, but fled the scene. Immediately after the accident, the driver of the victim vehicle stopped on the roadside and did not pursue Mr. Hwang's vehicle. It was investigated that the victim driver and passenger sustained injuries requiring two weeks of medical treatment. The vehicle's bumper was damaged, and repair costs amounted to about 3.8 million won.

Mr. Hwang argued in court that he did not realize an accident had occurred because of the noise caused by the cargo colliding inside the truck at the time of the accident.

The first trial found all charges against Mr. Hwang guilty and sentenced him to a fine of 5 million won. The second trial also recognized that Mr. Hwang was aware of the accident at the time and that the victim driver and others were injured, thus ruling the hit-and-run injury charge guilty. However, the charge of 'failure to take action after an accident' for leaving the scene without handling the accident was acquitted. This was because there were no fragments from the road accident, and the victim vehicle immediately moved to the roadside, so traffic flow was not disrupted. The fine was also reduced to 3 million won.

The Supreme Court concluded that this second trial judgment was incorrect. It pointed out, "Even if the victim vehicle's driver did not pursue Mr. Hwang's vehicle, considering various circumstances such as the victim vehicle's stopping position, Mr. Hwang should have taken measures to ensure smooth traffic flow."

This content was produced with the assistance of AI translation services.