Despite Jury Split of 4 Guilty, 3 Not Guilty... Bus Driver Acquitted in Death of Passenger Run Over by Rear Wheel in Their 20s

"Difficult to Conclude That There Is a Duty to Anticipate and Prevent Such Exceptional Situations"

A bus driver who was prosecuted on charges of causing the death of a passenger who was run over by the rear wheel after disembarking from a village bus has been found not guilty.

Village bus. Photo is not directly related to the content of the article. Photo by Yonhap News.

According to Yonhap News on June 13, the Seoul Central District Court Criminal Division 34 (Presiding Judge Han Sungjin) acquitted Mr. A, who had been indicted for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (resulting in death) on June 8.

This trial was conducted as a jury trial. Of the seven jurors, four found the defendant guilty and three found the defendant not guilty. However, the court did not follow the jury's verdict. According to the Act on Citizen Participation in Criminal Trials, the jury's verdict is only advisory.

Previously, in May last year in Sangdo-dong, Dongjak-gu, Seoul, Mr. A was charged with neglecting his duty of care required for safe driving and thereby causing the death of a passenger in their 20s. At that time, after the victim disembarked from the bus, they walked two or three steps on the sidewalk, lost their balance, and fell toward the roadway. Mr. A did not see the fallen victim and started driving, resulting in the rear wheel of the bus running over the victim. The victim suffered a fractured skull and died.

However, the court found that it was difficult to recognize negligence on Mr. A’s part for failing to observe the victim falling, based solely on the evidence submitted. The court explained that it would be difficult for a bus driver to ordinarily anticipate a situation in which a passenger walking on the sidewalk would suddenly fall under the bus after disembarking. Therefore, the court stated, "It is hard to conclude that there is a duty of care to anticipate and prevent such an occurrence while driving safely."

Additionally, the court acknowledged that Mr. A did not keep watch over the right rear side where the victim was when restarting the bus. However, it was determined that this was an unavoidable situation due to safety concerns, as the road narrowed from two lanes to one, requiring the driver to pay attention to the opposite side. The court also noted that Mr. A confirmed the passenger's disembarkation before departing and kept watch on the right side until the victim walked about two steps on the sidewalk.

This content was produced with the assistance of AI translation services.