**Court Recognizes ‘No Fault in Braking System’ Based on National Forensic Service Assessment… “Severe Punishment Needed Due to Lack of Remorse”**
“The injury could have been mitigated if due diligence had been observed… No signs of sudden unintended acceleration in this case”
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(Seoul=Yonhap News) Reporter Lee Mi-ryeong – The driver involved in the wrong-way accident at Seoul’s City Hall station last July, which resulted in 9 deaths and over 10 casualties, was sentenced to 7 years and 6 months in prison at the first trial.
Judge Lee Chun-geun of the Seoul Central District Court’s Criminal Division 1 sentenced Cha Mo (69), who was indicted for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (causing death and injury), to this term. The prosecution had also sought 7 years and 6 months. Considering the legal aggravating factors, the maximum penalty in this case is 7 years and 6 months.
Confinement, like imprisonment, involves incarceration but does not include labor.
The court stated, “This irreversible, severe outcome, where 9 people lost their lives and 5 were injured, was caused by the defendant’s negligence,” adding, “The bereaved families are pleading for a harsh punishment and the defendant shows no signs of remorse by denying the crime, necessitating a punishment commensurate with the guilt.”
The court also noted, “There is no evidence that the defendant tried to reach a settlement with the victims, apologized to the bereaved families, or made efforts for restitution.”
Cha claimed that he had not committed pedal misuse and constantly argued that the vehicle had accelerated suddenly, given his profession as a city bus driver. However, the court did not accept this claim.
The court found it plausible that the accident was due to Cha erroneously stepping on the accelerator instead of the brake pedal, and could not accept that there was a sudden unintended acceleration due to vehicle defects.
The National Forensic Service found no evidence of mechanical faults in the acceleration and braking systems, concluding that Cha’s repeated stepping on and off the accelerator during driving led to the accident.
The court also dismissed Cha’s claims about engine control unit (ECU) errors causing the throttle valve to open fully and vacuum booster malfunctions that prevented brake pedal activation.
No evidence was submitted of similar defects happening in the same car model, Genesis G80, and initial police investigations showed that the brake lights functioned normally, among other evidence. The Ministry of Land, Infrastructure and Transport’s open experiments in June 2013, aimed at identifying sudden unintended acceleration, showed no such phenomenon, and this was also noted.
The court emphasized, “There were no characteristic signs of sudden unintended acceleration like tire marks in this case,” and pointed out, “Cha could have avoided or reduced the casualties had he adhered to the duty of care required of an ordinary driver as he crossed about 155 meters of pedestrian guardrails and changed lanes.”
It further highlighted Cha’s 2023 driving aptitude test results, which showed he was less capable of responding swiftly in dangerous situations. “Despite having over 30 years of driving experience, there are frequent cases where long-term drivers mistake pedals leading to accidents,” the court noted.
Cha drove in the wrong direction at 9:26 PM on July 1 last year, hitting the sidewalk near the City Hall station after exiting the Westin Chosun Hotel’s underground parking lot, causing 9 deaths and 5 injuries before being brought to trial.
Before the sentencing, Cha stated, “I am extremely sorry to the deceased and their families.”
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