A 40-Something Pedestrian Encounters a Bicycle Traveling at 40 km/h: Tragedy on an Ordinary Walk [True Crime Case]

[Financial News] A sign marking a speed limit of 20 km/h stood on the downhill section of Namsan Southern Circular Road. The road curved ahead, and many pedestrians were using the area. However, a road bicycle descending the road was traveling at approximately 40 km/h.
On the afternoon of May 18 last year, Mr. A, 32, was riding a bicycle along Namsan Southern Circular Road in Yongsan District, Seoul. He was traveling downhill from the direction of N Seoul Tower toward Namsan Library.
At the time, Mr. A was traveling downhill at approximately 40 km/h, about twice the posted speed limit.
The accident occurred shortly afterward. Mr./Ms. B, 40, collided with the bicycle while attempting to cross the road in Mr. A’s direction of travel. The front of Mr. A’s bicycle struck B from behind.
B was taken to a hospital but ultimately died on May 24, six days after the accident.
The investigation initially began as a traffic accident case. However, after the victim died, the charge was classified as causing death under the Act on Special Cases concerning the Settlement of Traffic Accidents.
During the investigation, materials were submitted to establish what happened at the time of the accident. The evidence included a 112 emergency call incident report, footage from a black box camera on Mr. A’s bicycle, closed-circuit television footage from Namsan Southern Circular Road, and a traffic accident scene investigation report.
A traffic accident analysis report from the Korea Road Traffic Authority (KoROAD) was also submitted. The evidence list included material indicating that Mr. A could have avoided the accident had he obeyed the speed limit.
Prosecutors determined that Mr. A caused the victim’s death through negligence by failing to reduce his speed and properly observe his surroundings. The indictment also noted that the accident occurred on a curved downhill road with a 20 km/h speed limit and frequent pedestrian traffic.
According to legal sources on the 5th, the 11th Criminal Division of the Seoul Western District Court, presided over by Judge Yang Eun-sang, sentenced Mr. A on July 2 to one year of imprisonment without labor, suspended for two years, after he was indicted on a charge of causing death in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents. The court also ordered 80 hours of community service.
The court took into account that Mr. A had ridden the bicycle above the speed limit. The ruling stated that bicycle operators, too, have a duty of care to prevent accidents by slowing down, checking ahead and to both sides, and properly operating the steering and braking systems.
The case was referred to criminal mediation, but no settlement was reached. Mr. A later reached an agreement with the victim’s spouse, a bereaved family member.
Several circumstances were also considered in sentencing. The court took into account that Mr. A was a first-time offender, had confessed to the offense, and was remorseful, as well as the victim’s contributory negligence in connection with the accident. It also viewed favorably the fact that the victim’s spouse did not want Mr. A to be punished.
[email protected] Choi Seung-han Reporter