A man in his 70s on trial for allegedly fleeing the scene after hitting an elementary school student with his car has been cleared of hit-and-run charges in his second appeal, with the court dismissing the indictment.

The Criminal Appeal Division 2 of the Seoul Northern District Court (Presiding Judge Jung Woo-seok) dismissed the prosecution's appeal on the 14th in the trial of A (72), who was charged with fleeing the scene resulting in injury under the Act on the Aggravated Punishment, etc. of Specific Crimes.

The prosecution appealed the original verdict, which had acquitted A, arguing that he fled even though he was aware that he had hit and run over the victimized child with his vehicle.

The court concluded that the evidence submitted by the prosecution alone was insufficient to prove the charges in the indictment.

A was put on trial for driving an SUV in January 2024, striking and knocking down an 8-year-old elementary school student surnamed Kim, who was walking with her grandmother, using the front passenger-side fender area, and then leaving the scene without taking any measures.

As the vehicle's tire rolled over the fallen child's foot, Kim suffered an ankle sprain and bruises requiring two weeks of medical treatment.

Investigations showed that A continued driving to a parking lot about 178 meters away from the accident scene.

A claimed to Kim's grandmother, who chased after him to the site, "While trying to make way for an oncoming car, I did not see the child and had no idea an accident had occurred."

Previously, the first-instance judge acquitted A of the hit-and-run charge, stating, "Given that the height of the hood of A's vehicle is relatively high at 120 cm while the victimized child was short, the possibility that he was unaware of the impact cannot be ruled out."

In addition, regarding the charge of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (causing injury) included in the indictment, because the vehicle was covered by comprehensive insurance, indictments for such charges cannot be filed; consequently, the court dismissed the indictment along with the hit-and-run acquittal.

Kim's parents stated in a petition submitted during the trial, "Our child said it hurt so much she couldn't breathe when she was hit by the car," adding, "Since the accident, whenever passing by the road where it happened, our daughter recalls the incident and struggles so much that we even had to move."

(Photo provided by Kim's father, Yonhap News)