Pedestrian jaywalking on 8th round-trip lane dies... Driver's sentence reduced to probation on appeal

Exceeding the speed limit - running away without any follow-up action... 1st trial, sentenced to 2 years and 6 months in prison
Appeals court: “The victim who jaywalked was also at fault.”

A delivery driver who hit and killed a pedestrian who was jaywalking on an eight-lane road had his sentence reduced to probation in an appeals court.

On November 28 last year, the 4-3 Criminal Division of the Uijeongbu District Court overturned the original judgment and sentenced him to 2 years and 6 months in prison and 2 years of probation at the appellate hearing on Mr.

Mr. A was brought to trial on charges of driving a truck on a road in Paju in June 2023 and killing Mr. B, a teenager who was crossing the road. At the time, it was found that Mr. A was driving at a speed of 77 km/h in a section where the speed limit was 60 km/h.

At the time, it was confirmed that Mr. B was jaywalking while drunk and fell asleep near the central guardrail of the road, unable to wake up.

The first trial court sentenced Mr. A to two years and six months in prison. The court explained the reason for the prison sentence, saying, “The accident occurred because the driver did not properly look to the left and right in front while driving over the speed limit, and no action was taken at the scene, including providing relief to the victim.”

Mr. A, who was dissatisfied with this, filed an appeal. Mr. A claimed, “It was difficult to think that a person would fall down on an 8-lane road with a median divider.” At the same time, he emphasized that he was not aware of the fact that the accident occurred, noting that it was late at night when the incident occurred.

The appellate court sentenced Mr. A to probation. The court said, “The victim who jaywalked on an eight-lane road was also at fault,” and added, “We also took into account the amicable agreement reached with the bereaved family and the fact that the victim was reflecting.”

Attorney Jeong Jae-bong of Daeryun Law Firm (Limited), who represented Mr. A in the appeals court, said, “It is difficult to think that jaywalking would occur because the road where the incident occurred has a median strip installed,” and added, “It appears that the fact that the incident occurred late at night and visibility was difficult was recognized as a reason for a reduced sentence.”

Reporter Kim Jong-cheol (jckim99@sportsseoul.com)

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Pedestrian killed for jaywalking on 8 round-trip lanes... Driver’s sentence reduced to ‘suspended sentence’ on appeal (link)