Driver booked for ‘City Hall Station accident’… Expert: “The possibility of imprisonment is not something we can discuss at the moment.”

Police book driver in his 60s

A total of 13 casualties, including 9 fatalities, occurred in the reverse driving accident at City Hall Station, and the police announced on the 2nd that they have booked Mr. A (68), a driver in his 60s, and are investigating.
 
Person A is currently receiving treatment at the hospital for injuries to his ribs.
 
Jeong Yong-woo, head of the traffic division at Namdaemun Police Station in Seoul, said at a press briefing on this day, “The driver who caused the fatal accident, Mr. A, has been booked on charges of professional negligence manslaughter under the Special Act on Traffic Accidents.”
 
Chief Jeong said, “We will conduct a strict and prompt investigation, including a thorough verification of the facts,” and added, “As we proceed with the case, we will review from various angles whether to apply for an arrest warrant.”
 
Regarding Mr. A's claim that the accident occurred due to 'sudden acceleration,' Manager Jeong explained, "The basis for sudden acceleration so far is only the suspect's statement, and even if it is sudden acceleration, the charges do not change." He added, "For additional confirmation, we plan to request an identification of the vehicle from the National Forensic Service."
 
The police placed a screen on the vehicle that was involved in the accident this morning and moved it to the National Forensic Service. The National Forensic Service's vehicle accident recording device (EDR) analysis usually takes one to two months.
 
The police are reconstructing the circumstances at the time of the accident and the movements of the offending vehicle based on statements from people involved in the incident, eyewitnesses, closed-circuit TV (CCTV), and black box footage.
 
Manager Jeong said, “Following accident resolution and site preservation, we are now in the stage of collecting evidence. We have not yet analyzed the video, so it is difficult to tell you the specific details of the accident, such as whether it accelerated, how it was driven, and where it hit.”
 
The police said that Mr. A did not attempt to run away from the scene of the accident, and that no traces of alcohol or drugs were detected after conducting a breathalyzer test and quick drug test.
 
Meanwhile, the legal community expressed the opinion that although it is possible to gauge whether a sudden action has occurred based on the current situation, proving this seems virtually impossible.
 
Attorney Choi Hyun-deok of Daeryun Law Firm, who spoke to Segye Ilbo on this day, said that once sudden acceleration is recognized, it can be considered a defect in the vehicle. He said that in this case, it is difficult to bring charges because there was no driver negligence.
 
Regarding the police charging Mr. A with professional negligence manslaughter under the Special Act on Traffic Accidents, Attorney Choi said, “At present, it appears to be considered a traffic accident.” This is because it is not yet known whether there will be a sudden outbreak or not.
 
On the other hand, if the driver's negligence is found, pursuant to Article 3, Paragraph 1 of the Special Punishment Act, which stipulates special provisions for traffic accident punishment, if the driver commits a crime under Article 268 of the Criminal Act (professional negligence or gross negligence resulting in death) due to a traffic accident, the driver may be subject to imprisonment for up to 5 years or a fine of up to 20 million won, and is also liable for civil damages, Attorney Choi explained.
 
He predicted, “The basic prison sentence for casualties in a traffic accident is between 8 months and a maximum of 2 years,” and added, “There were many casualties in this accident. A maximum of 2 years in prison could also be imposed.” He added, “It seems difficult to reduce the sentence if recovery from damages, such as reaching an agreement with the victim, is not possible.”
 
Regarding the suspicion of sudden acceleration, he said, “Currently, the opinion of eyewitness experts is that ‘it was not a sudden acceleration,’” but pointed out, “There has yet to be a case in Korea where sudden acceleration has been acknowledged.”
 
At the same time, he said, “It is impossible to conclude that it was not a sudden acceleration just by looking at the video of the vehicle gradually coming to a stop currently released by the media,” and “Given the circumstances, it is contradictory to discuss whether or not there was a sudden acceleration.”
 
He added, “In the case of this accident, it boils down to the issue of proving sudden acceleration of the vehicle, and the court cannot admit it as evidence if there is no evidence. However, it seems that it can be taken into consideration in the sentencing standards. If sudden acceleration is not recognized, it is the driver’s fault, so excessive punishment is possible.”

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