Driver of the subway station reverse-driving accident claims sudden acceleration in second trial
In the second trial, the driver involved in the reverse-driving accident at City Hall station, which resulted in 9 fatalities and over 10 injuries in Seoul last July, reiterated the claim of sudden acceleration due to vehicle defects.
On the 30th of last month, the Seoul Central District Court’s Criminal Appeals Division 5-1 (Presiding Judge So Byeong-jin, Kim Yong-jung, Kim Ji-sun) conducted the first hearing of the second trial for Mr. Cha (69), who was sentenced to 7 years and 6 months in prison for violating the Act on Special Cases Concerning Traffic Accidents.
Mr. Cha's attorney raised objections to the first trial’s verdict, stating, "The black box footage showing the defendant shouting 'go fast' twice was completely ignored, and the issue of sudden acceleration due to vehicle defects was not acknowledged," contesting the judgment regarding pedal misoperation.
Additionally, regarding the National Institute of Scientific Investigation's verification that there were no mechanical failures in the vehicle, the attorney claimed, "This does not serve as grounds for denying sudden acceleration, as it was not a verification check for software defects."
The court requested that both Mr. Cha's side and the prosecution clarify their opinions on whether each incident involving the victims should be treated as separate crimes or if a single action encompasses multiple offenses. This is a critical issue that impacts the determination of the sentence.
If viewed as 'imaginary concurrence' where a single action corresponds to multiple offenses, the penalty would be determined based on the most severe charge, with imprisonment capped at 5 years.
On the other hand, if regarded as 'actual concurrence' where they are considered separate crimes, the sentence could be increased by up to half, allowing for a 7 years and 6 months sentence as in the first trial. This legal judgment is expected to have a decisive impact on the final sentence.
Meanwhile, Mr. Cha was involved in an accident on July 1st of last year, when he drove out of the underground parking lot of the Westin Chosun Hotel near City Hall station at 9:26 PM, reversing and crashing onto the sidewalk, colliding with pedestrians and two vehicles.
This incident led to a major disaster, resulting in 9 deaths and 5 injuries.
Mr. Cha claimed sudden acceleration from the stage of investigation; however, the prosecution concluded that the accident was due to Mr. Cha’s misoperation of the acceleration pedal rather than a defect in the vehicle, leading to his arrest and indictment in August of last year.
The first trial court also judged the incident as a matter of driver negligence rather than vehicle defects, sentencing him to 7 years and 6 months in prison.
Image source: Driver Cha involved in the 'City Hall station disaster' / News1, News1, Scene of the City Hall station accident / News1
