Unlicensed driver who struck a pedestrian crossing the street received a suspended sentence on appeal

A driver who struck and killed a pedestrian crossing the street while driving without a license had his sentence reduced to probation on appeal.

On December 20 last year, the 2nd Criminal Division of the Suwon District Court sentenced Mr. A, a driver in his 60s, to trial on charges of violating the Special Act on Traffic Accidents (causing death), to one year in prison and two years of probation, breaking the two-year prison term in the first trial.

Mr. A was accused of hitting and killing a passerby who was crossing a crosswalk in December 2022. At that time, it was confirmed that the victim was hit by Mr. A's vehicle, fell to the opposite lane, and was soon struck again by a vehicle coming from the opposite direction. The victim suffered serious injuries in this accident and was taken to the hospital, but eventually died.

During the trial, Mr. A first admitted that the accident occurred due to his negligence. However, it was emphasized that the victim suffered a second accident when he fell after colliding with his vehicle, and that this second accident appears to have been the direct cause of death.

The first trial court sentenced Mr. A to two years in prison. The court said, "The defendant shocked the victim while he was crossing the street, causing damage by depriving him of life. We took into account the fact that he had a history of traffic-related crimes, including having been punished for drunk driving and unlicensed driving in the past."

Mr. A, who was dissatisfied with this, filed an appeal, and the second trial sentenced Mr. A to probation. The appellate court explained, "The defendant's professional negligence was serious in that he neglected his duty to look ahead and shocked the victim." He then stated the reason for sentencing, saying, "The defendant has acknowledged his mistake and is reflecting on it, and has reached an amicable agreement with the victim's family and does not want to be punished."

Attorney Park Se-hoon of Daeryun Law Firm (Lihan), who represented Mr. A, said, "During the trial, it was emphasized that the negligence of the driver of the opposite vehicle that caused the second accident at the time could not be ignored," and added, "Unlike the situation in the original trial, an agreement was reached such that the victim's family also received the deposit, so there was room for change in the sentencing conditions."
 

Reporter Hwang Jeong-won (jwhwang@mt.co.kr)

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Unlicensed driver who hit a pedestrian crossing the street, sentenced to 'suspended sentence' on appeal (link)