"If Epilepsy Causes Unawareness of a Traffic Accident, It Is Not a Hit-and-Run"

Court: High Possibility of Loss of Consciousness

Seoul Central District Court / Photo by Moon Honam munonam@

[Asia Economy Reporter Seongpil Cho] A court acquitted a driver who left the scene without taking action after causing a rear-end collision. The court gave weight to the possibility that the driver, who had epilepsy symptoms, did not momentarily realize the accident had occurred.

On the 5th, Judge Minseon Byeon of the Seoul Central District Court Criminal Division 10 announced that he acquitted Jang, who was tried on charges of violating the Road Traffic Act (failure to take action after an accident) and the Special Act on the Treatment of Traffic Accidents (hit-and-run vehicle). In September 2018, Jang collided with a van ahead while changing lanes on a road in Seocho-gu, Seoul, and also hit a passenger car in the adjacent lane. He was then charged with fleeing after crashing into a vehicle stopped at a red light.

According to the ruling, Jang, who usually showed symptoms of memory loss, did not get out of the vehicle or say anything after the accident despite the victims asking him to handle the accident. It was reported that only after the victims chased and stopped his vehicle did he say that he was unaware that an accident had occurred. Breathalyzer tests showed that Jang had not consumed alcohol. During the trial, Jang’s side argued, "Due to epilepsy causing loss of consciousness, he did not recognize the accident and had no intention to flee."

The court found Jang’s claim persuasive and acquitted him of the charge of failure to take action after the accident. The court stated, "Considering that his family had witnessed several instances of memory loss and that Jang was diagnosed with epilepsy at a hospital after the accident, there is sufficient reason to believe that he experienced loss of consciousness due to epilepsy at the time of the accident." Regarding the hit-and-run charge, the court dismissed the indictment, acknowledging that Jang’s vehicle was covered by comprehensive automobile insurance.

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