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Legal Intellectual

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Q

Can I be punished for negligent injury that was not intentional?

Legal IntellectualViews45,197

Hello, I had my license revoked for drunk driving and have been driving without a license. But I made a mistake and recently hit a utility pole, causing an unlicensed driving accident. What's the punishment level when you cause a traffic accident while driving without a license? How much is the fine for driving without a license? Attorneys with experience handling unlicensed driving accident cases, can you defend against the punishment? Please reply.

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negligent homicide

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A

Answer to Related Inquiry

Article 258 of the Criminal Act ①A person who injures another's body shall be punished by imprisonment of up to 7 years, suspension of qualifications for up to 10 years, or a fine of up to 10 million won.

Article 266 (Negligent Injury) ① A person who injures another through negligence shall be punished by a fine of up to 5 million won, detention, or a minor fine.

② The offense in paragraph 1 cannot be prosecuted against the express intention of the victim.

If the injury was intentional, you will be punished for the injury offense under Article 258-2 of the Criminal Act.

In cases of negligent injury, not intentional, a relatively light disposition will be imposed rather than a negligent injury fine.

In addition, unlike general injury offenses, this falls under offenses subject to victim's intent, so prosecution cannot be initiated against the victim's wishes. If the victim does not wish punishment, criminal disposition can be avoided.

Therefore, it is good to express sincere intent to settle with the victim, deliver settlement money for the victim's recovery, apologize, and if settlement is not accepted, demonstrate efforts toward recovery through means such as the criminal deposit system.

If you fail to obtain the victim's non-punishment intent, you will be subject to criminal disposition, and even if found guilty of a negligent injury fine, a criminal record will remain. Please be careful.

If you have been criminally charged, you can respond on your own, but it is recommended to consult first as you can complete the matter relatively quickly by accompanying a criminal specialist attorney to construct case strategy.

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