Suspended Sentence for Taxi Driver in His 70s Who Caused Center Line Accident Resulting in Death of 9-Month-Old Japanese Baby
Seoul Western District Court Sentences Defendant to Two Years in Prison, Three Years Suspended
Accident Caused by Pressing Accelerator Instead of Brake
A taxi driver in his 70s who crossed the center line and caused an accident that resulted in the death of a 9-month-old Japanese passenger received a suspended prison sentence in the first trial.
According to Yonhap News Agency and legal sources on June 27, the 5th Criminal Division of the Seoul Western District Court (Presiding Judge Kim Hyung-seok) sentenced a man in his 70s, identified as Mr. A, to two years in prison, suspended for three years, on June 11. He was convicted on charges of causing death and injury under the Act on Special Cases Concerning the Settlement of Traffic Accidents. The court also ordered Mr. A to complete 40 hours of community service and 40 hours of a law-abiding driving course.
Mr. A was charged with crossing the center line while driving a taxi on a road in Yongsan-gu, Seoul, around 7 p.m. on October 21 last year and colliding with a car coming from the opposite direction. The Japanese couple in their 20s who were passengers in his taxi each suffered serious injuries, requiring 10 and 12 weeks of recovery, respectively. Their 9-month-old daughter lost consciousness and was taken to a hospital, but died about a month later from ischemic brain damage.
At the time of the accident, Mr. A was driving at nearly 100 km/h on a road with a speed limit of 50 km/h. He tried to reduce his speed but mistakenly pressed the accelerator instead of the brake, which caused the accident. At the end of last year, prosecutors took over the case and referred it to a criminal mediation procedure in January, leading to a settlement between the two sides; however, he was still brought to trial. Under the Act on Special Cases Concerning the Settlement of Traffic Accidents, cases involving crossing the center line or causing serious injury by exceeding the speed limit by more than 20 km/h do not fall under the category of offenses that can be dismissed against the victim's wishes.
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The court stated, "The defendant exceeded the speed limit, crossed the center line, caused a chain collision, and ultimately caused the death of a passenger; therefore, the severity of the crime is significant." Regarding the reasons for sentencing, the court explained, "However, we considered that the defendant admitted his wrongdoing and appears to be remorseful, the bereaved family and victims do not wish for punishment, and he does not have a history of criminal punishment more severe than a fine."
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