Person lying on road late at night hit and killed, driver found 'not guilty'
[Asia Economy Reporter Seoyoung Kwon] A driver who struck and killed a person lying on an outer road with a speed limit of 80 km/h during late-night hours was acquitted.
Today (the 19th), the Cheongju District Court Criminal Division 3 (Judge Chunsoon Go) announced that it acquitted A (50), who was indicted on charges of hit-and-run causing death under the Act on the Aggravated Punishment of Specific Crimes. It is known that A hit B (53), who was lying on a three-lane road with an 80 km/h speed limit in Osong-eup, Heungdeok-gu, Cheongju-si, Chungbuk Province, around 4 a.m. on December 24, 2019.
A was driving a 5-ton refrigerated truck at the time. B, who was hit by the vehicle, suffered multiple injuries and died. A reportedly stated, "I felt an impact as if I had run over something with the right rear wheel," and "I did not realize it was a person." The police applied the charge of hit-and-run causing death to A, saying, "If A had properly watched the front, he could have seen B," and sent the case to trial.
However, the court acquitted A. The court held the opinion that the prosecution's evidence was insufficient to conclude that the accident was caused by A's negligence. Judge Go explained, "The location of the accident was an outer urban road with a speed limit of 80 km/h," and "From the driver's perspective, it is difficult to predict the possibility of a person lying on a road where only guardrails are installed without nearby houses, commercial facilities, or sidewalks."
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Additionally, the difficulty for A to clearly distinguish B's presence at the time was also cited as a basis for the acquittal. Judge Go added, "Considering that the deceased B was wearing black clothing on both upper and lower body, and that two streetlights near the accident site were out of order."
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