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(Photo= Yonhap news) |
[Alpha Biz= Reporter Kim Jisun] Hyundai Motor has submitted a statement to the appellate court claiming driver error in a suspected sudden acceleration accident that had been ruled as a potential vehicle defect in the first trial, resulting in an acquittal.
Hyundai denies vehicle defects based on an analysis by the National Forensic Service (NFS), asserting that the driver mistook the accelerator for the brake pedal.
According to the legal community on the 21st, the Daejeon District Court's 3rd Criminal Division (Judge Son Hyun-chan) recently called B, a researcher from the NFS who wrote the report on the suspected sudden acceleration vehicle, as a witness to clarify the issues during the appeal trial of A (56), who was charged with causing a fatal traffic accident under the Special Act on Traffic Accident Handling.
B testified that the vehicle's brake system and brake lights functioned normally right after the accident and that there were no issues with the braking force.
The accident involved a 2010 Hyundai Grandeur sedan.
A was prosecuted for hitting and killing a university security guard while driving through a plaza at a university in Seongbuk-gu, Seoul, at 3:23 PM on December 29, 2020, in the Grandeur sedan.
A claimed sudden acceleration due to a vehicle defect, presenting black box footage and driving analysis data from the Korea Road Traffic Authority as evidence of abnormal driving.
The main issues in this case are whether the brake lights flashed nine times during the accident, the vehicle's speed increased from 37.3 km/h to 45.5 km/h, 54.1 km/h, and 63.5 km/h over 19 seconds, and whether the driver consistently pressed the accelerator pedal with less than 50% force, based on the analysis data, to determine if the driver was braking or if there was a vehicle defect.
The first trial court recognized the possibility of a vehicle defect and acquitted the driver.
Following the prosecution's appeal, Hyundai submitted a statement claiming there were no issues with the vehicle, and the appellate court partially disclosed this statement.
Since the statement was based on B's analysis, the court asked B additional questions regarding key issues.
Hyundai claims that the accident was caused by the driver mistaking the accelerator for the brake pedal, not by sudden acceleration.
Regarding the reason the accelerator was pressed with less than 50% force, Hyundai explained, "Drivers often repeatedly press the brake pedal if it doesn't work the first time. If they mistake the accelerator for the brake and press it in this manner, it may appear that they pressed the accelerator with less force than if they pressed it firmly."
Concerning the brake lights flashing nine times, Hyundai suggested, "The driver may have inadvertently touched the brake pedal while pressing the accelerator, causing the brake lights to briefly illuminate."
The court expressed skepticism about the brake lights flashing nine times at intervals of 0.09 and 0.03 seconds, asking B if it was possible for a person to brake like that.
B responded, "It is generally considered difficult."
The court also asked B if it was possible for a driver to press the accelerator with less than 50% force in a suspected sudden acceleration accident.
B replied, "In typical sudden acceleration incidents, the accelerator pedal is pressed with more than 50% force."
The defendant's legal representative criticized Hyundai's statement for inconsistency.
Chun Dae-woong, A's lawyer, stated, "Hyundai claims the accident was caused by the driver mistaking the accelerator for the brake and pressing it hard, but who would consistently press the accelerator with less than 50% force in such a situation? Hyundai's statements are inconsistent."
The appellate court will hear the defense's opinion on Hyundai's statement and deliver its verdict on October 10.
AlphaBIZ Kim Jisun(stockmk2020@alphabiz.co.kr)
