Why Was the Driver Acquitted in the Case of a Pedestrian Killed While Jaywalking?

Crossing Pedestrian Crossing at Red Light... Victim Hit by Vehicle in First Lane
Court: "Unlikely to Jaywalk on a Six-Lane Road with Overpass at a Time with Few People"

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyunjung] A driver who fatally struck a pedestrian crossing the crosswalk during a red pedestrian signal was acquitted.

The Ulsan District Court Criminal Division 5 (Judge Han Yoonok) announced on the 23rd that it had acquitted Mr. A, in his 50s, who was charged with violating the Special Act on Traffic Accident Handling.

Mr. A was indicted on charges of fatally hitting an elderly pedestrian Mr. B in his 80s while driving on a six-lane road in Yangsan City, Gyeongnam Province, early in the morning last February. At the time of the accident, Mr. A was driving within the speed limit of 70 km/h, and Mr. B was crossing the crosswalk during a red pedestrian signal. Mr. A’s vehicle was traveling in the second lane, and the vehicle in the first lane blocked his view of Mr. B, who was crossing, so he did not see the pedestrian. There was also a pedestrian overpass near the crosswalk.

The court concluded that, considering these circumstances, it would have been difficult for Mr. A to notice Mr. B crossing.

Judge Han Yoonok stated, "It would not have been easy to expect someone to jaywalk on a six-lane road with a pedestrian overpass during a time with little foot traffic. Although the vehicle in the first lane braked suddenly in front of the victim, it was difficult to respond optimally when the victim was obscured by that vehicle," explaining the reason for the acquittal.

In contrast, a driver involved in a similar accident last month received a suspended prison sentence. Mr. C (55, male), a small cargo truck driver, was tried for fatally hitting an 80-year-old pedestrian who was crossing the crosswalk during a red pedestrian signal while turning left at 30 km/h on a two-lane one-way road in Gwanak-gu, Seoul, on May 7. On the 17th of last month, Judge Min Suyeon of the Seoul Central District Court Criminal Division 26 sentenced Mr. C, charged with violating the Special Act on Traffic Accident Handling (causing death), to six months in prison with a two-year suspension (a sentence without forced labor in a correctional facility).

Judge Min said, "A serious result occurred with the victim’s death due to the defendant’s negligence, and the defendant has prior records of fines for traffic offenses in 2001 and 2009. However, considering the defendant’s acknowledgment of fault and remorse, the victim crossing during a red pedestrian signal, and the amicable settlement with the victim’s family who petitioned for leniency, these sentencing factors were taken into account."

Article 3, Paragraph 1 of the current Traffic Accident Handling Act stipulates that "a driver who causes death or injury to a person due to negligence or gross negligence in the course of work shall be punished by imprisonment for up to five years or a fine of up to 20 million won."

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