[Seocho-dong Legal Story] 70-Year-Old Elderly Man Dies After Falling on Suddenly Stopped Bus... Driver Says "I Was Only Watching Ahead"

Defendant (bus driver): The area near the intersection was congested, so I was focusing on the front. I could not check the victim who stood up before the stop through the rearview mirror.

Victim's family: I have accurately seen the black box footage showing that the defendant failed to pay attention to the front, causing the bus to stop abruptly. What he is saying now is completely wrong.

A man in his 60s, bus driver Kim, stood trial in criminal court over an accident in which a passenger in her 70s fell and died inside a city bus that made an emergency stop.

The photo is unrelated to the article content. / Photo by Hyunmin Kim kimhyun81@

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According to the prosecution on the 28th, Mr. Kim was driving a bus from Sungnyemun to Euljiro 1(il)-ga Station in Jung-gu, Seoul, around 3 p.m. on December 30, 2020, when he belatedly noticed the bus ahead stopping near the Bank of Korea intersection and made an emergency brake. The bus was traveling at 29 km/h about 80 meters before the bus stop.

At that moment, a 71-year-old grandmother who was standing up to get off was thrown forward inside the vehicle. The grandmother, who had pressed the bell, was holding the pole with one hand and a bag with the other, and hit her head hard on the driver's pillar card reader. Although Mr. Kim provided emergency treatment, the grandmother was hospitalized in a university hospital and passed away about a week later.

The prosecution judged that Mr. Kim failed to fulfill his duty of care at work and indicted him on charges of violating the Traffic Accident Processing Act (professional negligence causing death). In court, Mr. Kim's side denied the charges, saying, "We cannot admit negligence because the accident could not have been predicted or avoided."

The first trial sentenced him to eight months in prison with a two-year probation. The first trial court pointed out, "The victim was at fault for pressing the stop bell and standing up before the bus had completely stopped at the stop," but also noted, "The defendant's negligence in considering the safety of passengers was the decisive cause of the accident."

In the appeal trial, Mr. Kim's side said, "The defendant only made an emergency stop because the bus ahead, which was maintaining a 7 to 8-meter gap, stopped suddenly. He fulfilled his duty to watch the front," adding, "The only passenger who fell at that time was the grandmother." They also emphasized that the bus regularly announced and posted notices advising passengers not to stand up while the bus is stopped. When asked by the defense, "Was there any incident of trash cans tipping over or other seated passengers being pushed when the bus stopped?" Mr. Kim answered, "No."

On the other hand, the family pointed out that "the bus ahead stopped gradually" and criticized Mr. Kim for not properly paying attention to the front. They added, "There has been no apology from Mr. Kim's side for two years. This is the first time I have seen Mr. Kim in court," and requested, "We ask the court to carefully review the footage and understand my feelings."

Mr. Kim said, "I am deeply shocked and heartbroken that the victim died on the bus I was driving," and appealed, "I am also suffering from trauma after the accident while working to support my family." He bowed and said, "I sincerely apologize to the victim and the family on this occasion."

The Seoul Central District Court Criminal Appeal Division 5-2 (Presiding Judges Choi Tae-young, Jung Deok-su, and Koo Kwang-hyun) is scheduled to deliver the verdict on Mr. Kim's appeal on June 14.

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