Elderly Pedestrian Wearing Black Struck and Killed While Jaywalking at Dawn... Bus Driver Found Not Guilty

A driver who fatally struck an elderly man jaywalking in dark clothing in the early morning hours was acquitted.

On the 18th, Judge Lee Eun-ju of the Incheon District Court Criminal Division 14 announced that she had acquitted A (50), a charter bus driver charged with causing death by negligence under the Special Act on Traffic Accident Handling.

A was indicted for fatally hitting B (78) while driving a charter bus at a crosswalk in Jung-gu, Incheon, at around 6:14 a.m. on November 25, 2021.

B was riding a bicycle and jaywalking when struck by the bus, and died 15 hours after the accident. It was before sunrise in the early morning, so the surroundings were dark, and B was wearing black clothing.

A reportedly told investigators, "I thought it was an animal like a roe deer passing by," and "I thought if I honked, it would run away."

However, in court, he stated, "I saw B and honked the horn," and "I tried to reduce the bus speed."

The judge stated, "The area around the accident site was dark, and the victim was wearing dark-colored clothing," and "It seems difficult for A to have easily noticed B jaywalking on a bicycle."

She added, "Based on the prosecution's evidence alone, it is difficult to see that A could have foreseen or avoided the accident," explaining the reason for the acquittal.

Crosswalk

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