The driver who collided with a child riding a bicycle in a children's protection zone was not indicted... why?

A driver who injured a child riding a bicycle while driving in a child protection zone has been cleared of charges.

According to the legal community on the 4th, the Daegu District Prosecutors' Office decided not to indict Mr. A, a man in his 50s, who was sent in January on charges of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Children's Reservation).

Mr. A was suspected of colliding with and injuring Person B, who was passing through an intersection on a bicycle, while driving a car in a children's protection area in Suseong-gu, Daegu, in August last year.

Group B claimed that Mr. A caused the accident by neglecting his duty to drive safely in a child protection zone.

Mr. A completely denied the charges. He protested, saying, “At the time, I was traveling at a speed of 15 km/h, well below the speed limit of 30 km/h in the child protection zone,” and added, “There was no negligence on the part of the driver because the bicycle was rushing at a speed of 40 km/h and collided with it.”

The prosecution accepted Mr. A’s claim. Although it is acknowledged that a traffic accident occurred in a children's protection zone and caused injuries, it is difficult to say that there was negligence, such as a violation of the duty of care on the job, because the suspect fulfilled his duty to drive safely, such as driving slowly and following the speed limit.

The prosecution explained the reason for not indicting, saying, "Even if the driver recognized the danger from the moment the victim came into view and braked suddenly, it was analyzed that it was physically impossible to avoid this accident."

Attorney Hong Seung-pyo of Daeryun Law Firm, who represented Mr. A, said, "For the so-called 'Minsik Law (Article 5-13 of the Special Price Act)' to be established, there must not only be a violation of the driver's duty of care, but also the possibility of foreseeing and avoiding the accident. We were able to achieve a good result by proving that it was a force majeure situation in which the victim jumped out of the blind spot at high speed and could not avoid the accident."

#Accident #Children protection area #Not guilty #Bicycle

Shin Min-ji (sourminjee@ikbc.co.kr)

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Driver not prosecuted for colliding with child riding a bicycle in children's protection zone... why? (Shortcut)