Court Overturns Jury Verdict, Acquits Bus Driver in Fatal Pedestrian Incident
A bus driver, initially charged with vehicular manslaughter following an incident where a passenger alighting from a village bus was struck and killed, has been acquitted by the court. The case, which proceeded to a jury trial involving seven jurors, saw the panel’s guilty verdict overturned by the presiding judges who declared the defendant not guilty.
Background of the Incident
The Seoul Central District Court’s Criminal Division 34, led by Judge Han Seong-jin, delivered the acquittal on June 8th. The defendant, identified as Mr./Ms. A, had been charged under the Act on Special Cases Concerning the Settlement of Traffic Accidents. The incident occurred in May of last year when the bus departed after a passenger alighted, failing to notice the fallen individual. Tragically, the departing bus then ran over the victim, resulting in their death.
Jury Deliberations and Judicial Decision
During the jury’s deliberation, four jurors voted for a guilty verdict, while three found the defendant not guilty. Despite the majority leaning towards guilt, the judicial panel ultimately decided to acquit Mr./Ms. A. Under current law, the court is not obligated to follow the jury’s verdict. However, if the court deviates from the jury’s decision, it must provide a detailed explanation for its reasoning in the written judgment.
Court’s Rationale for Acquittal
The court explained its decision by stating, “It was difficult for the driver to foresee that a passenger alighting from the bus would suddenly fall onto the road beneath the bus.” The judges further elaborated, “Based on the evidence presented, it is difficult to acknowledge negligence on the part of Mr./Ms. A for failing to confirm the victim’s fall while performing their duties.”
While investigations indicated that Mr./Ms. A did not signal the rear of the bus upon departure, the court considered the road conditions. The judges noted, “As the road involved a merging of two lanes into one, it was an unavoidable situation where it was necessary to signal the opposite side for safety.”
