Home > National > Social Affairs

Driver found not guilty of manslaughter after hitting elderly person walking on median strip

Published: 19 Apr. 2025, 17:18

[JOONGANG ILBO]

A 31-year-old driver was found not guilty in the first trial after fatally striking an elderly person with their car while the victim was walking by the median strip of the road.

The Jeonju District Court on Saturday acquitted the 31-year-old driver on charges of manslaughter.

The incident took place on Dec. 23, 2023, at around 7:05 p.m. in Sanggwan-myeon in Wanju County, North Jeolla, when the driver hit an 83-year-old who had been walking along the central median strip of a four-lane road. The elderly person had dementia. The victim died from the accident.

The main issue in the case was whether the driver could have avoided the accident if they had paid attention while driving.

The prosecution argued that the driver failed to properly watch the road, while the defense maintained that the accident was unavoidable due to circumstances beyond the driver's control.

After reviewing road conditions, vehicle speed and relevant legal standards, the court concluded that the driver could not have reasonably anticipated or avoided the collision.

“At the time, the victim was wearing dark clothing and walking against the flow of traffic by the central median strip,” the court said in its ruling. “From the perspective of a typical driver, it would have been difficult to predict that a pedestrian would be walking along the center of a four-lane road.”

The court also noted that while the speed limit on the road was 80 kilometers (50 miles) per hour, the driver had been driving at 83.2 kilometers per hour — just 3.2 kilometers per hour over the limit. The court said it is doubtful whether adhering strictly to the speed limit would have prevented the crash.

The court also pointed out that the sun had set at 5:22 p.m. that day, nearly two hours before the accident, and that the road was not equipped with streetlights.

“On a dark road, the range visible with headlights is about 40 meters. At speeds above 80 kilometers per hour, it is unrealistic to expect a driver to detect and avoid a pedestrian 40 meters ahead,” the court stated.

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.

BY JUNG SI-NAE [[email protected]]