A 33-year-old driver has been found guilty after striking and killing a 72-year-old man who was lying in the middle of a road in the early hours of the morning. Even as the driver paid a settlement of 200 million Korean won to the victim’s family, the court recognized negligence due to a failure to maintain proper vigilance.
Details of the Case
On August 8, 2024, at approximately 1:30 AM, A was driving in the Buk-gu district of Gwangju when he struck B, who was lying in the roadway near an apartment complex. A was subsequently charged with violating the Traffic Accident Special Cases Act (death). The Gwangju District Court, under Judge Jeon Hee-suk, sentenced A to a fine of 5 million Korean won on April 14, 2026.
Investigators determined that A did not stop at a stop line before entering the intersection and failed to adequately check for obstacles in the road. B sustained serious injuries and died nine months later after receiving medical treatment.
The court stated, “The defendant violated their duty of care as a driver, resulting in the irreversible loss of the victim’s life, and their negligence in maintaining proper vigilance is significant.” However, the court also considered the settlement with the victim’s family and the unusual circumstances of the incident when determining the sentence.
This case highlights a complex area of legal interpretation regarding driver responsibility when encountering unexpected and potentially unavoidable hazards on the road. Similar incidents have resulted in differing outcomes depending on visibility and the predictability of the situation.
In a similar case in Busan in June of last year, a 30-year-old driver was acquitted after striking a 60-year-old pedestrian lying in the road. The Busan District Court determined the situation – a person lying under a dark bridge – was an “exceptional circumstance” that made avoidance difficult.
Frequently Asked Questions
What charges was A facing?
A was charged with violating the Traffic Accident Special Cases Act (death).
What was the outcome of the case?
A was sentenced to a fine of 5 million Korean won by the Gwangju District Court.
Did the victim’s family receive any compensation?
A paid a settlement of 200 million Korean won to the victim’s family.
How do courts determine responsibility in cases where a pedestrian is struck while lying in the roadway?
