I'm facing traffic accident detention. Please introduce a traffic accident specialist attorney.

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I'm a police officer assigned to a local police station for about 10 years now. I'm facing severe public official discipline due to a sexual harassment accusation from a civilian complainant. While supporting a drunk female complainant who couldn't stand on her own, I supposedly stroked her breasts and thighs. The person who reported it seems to be her boyfriend, and I can't speak from feeling so wronged. I need to prepare for police discipline — Suwon administrative attorney, please tell me how to respond.

traffic accident detention

review of legality of detention

12 major negligent traffic accidents

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作者: 박동일

The matter you asked about appears to be a property damage accident due to crossing the centerline, which falls under one of the 12 major negligent traffic accidents that may be subject to criminal punishment.

The 12 major negligence categories include signal violations, centerline crossings, exceeding the speed limit by more than 20 km/h, and unlicensed driving. If an accident occurs due to these violations, it is subject to criminal punishment, and detention is possible rather than just a fine even if the damage is not significant.

Driver insurance covers criminal settlement, fines, attorney fees, etc. within certain limits, but it does not exempt from criminal liability itself.

In particular, in serious cases, if no settlement is reached with the victim, a detention warrant may be requested at the police stage. In this case, the necessity and validity of detention can be contested through a review of legality of detention that determines the suspect's custody before detention.

By hiring a defense attorney to submit defense opinions at the initial stage and proving the suspect's occupation, family relationships, residential stability, etc., the principle of non-detention investigation can be argued.

If you wish to avoid criminal record and detention, the most important thing is amicable settlement with the victim, and even if it is not an offense punishable upon victim's wish, it has a decisive impact on sentencing itself.

In addition, the circumstances of the centerline crossing, the presence or absence of intent or gross negligence, and the driver's history of compliance with traffic laws can also be argued as favorable circumstances.

In fact, centerline crossings due to slipping on icy roads have sometimes been recognized as no-fault accidents.

Since the initial response determines the direction of the case, if you are concerned about traffic accident detention, the defense attorney can help you file for review of legality of detention to release the suspect.

Before traffic accident detention, please try to resolve the matter through consultation with a specialist attorney.