A court ruled that a driver of a vehicle accused of being hit and killed by a car without avoiding a person lying on the road after drinking alcohol at dawn cannot be charged.
According to the legal community today (25th), the Daejeon District Court's 5-3 Criminal Department (Judge Lee Hyo-sun) acquitted A, who is accused of violating the Special Act on the Handling of Traffic Accidents, as in the first trial.
Earlier, on September 10, 2022, while driving at around 3:30 am, A was unable to avoid drunk B, who was lying on a road in Boryeong-si, Chungcheongnam-do, and passed by and killed him. At that time, the blood alcohol level of the deceased B was 0.218% intoxicated.
The prosecution claimed that A killed the victim by neglecting his duty to keep an eye on the front.
However, the court pointed out that it is necessary to be cautious in acknowledging the causal relationship between the victim's death and the defendant's professional negligence in a situation where a person is usually lying on the road at night.Based on the fact that cars were parked on the right side of the road at the
accident point, the victim was lying in dark clothes above and below, the victim's lower body was covered by some parked vehicles, the defendant's vehicle did not exceed the speed limit, and the evaluation showed that the victim was not seen from the driver's point of view.
Reporter Park Sun-young of Digital News Team
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