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Deals & Cases

Hit-and-Run Causing Injury

Assistance From a Traffic Accident Attorney | Non-Referral for a Client in a Hit-and-Run Injury Case

The client who came to our traffic accident attorney was facing punishment on a charge of hit-and-run causing injury. In order to defend against this charge, the client requested assistance from an attorney who had handled numerous traffic accident cases.

CONTENTS
  • 1. The Client Who Came to Our Traffic Accident Attorney
    • - The Client in the Traffic Accident Case
  • 2. Matters Handled by the Traffic Accident Attorney
    • - The Course of the Police Investigation and the Statement
    • - Argument That the Hit-and-Run Injury Charge Was Not Established
    • - Insurance Coverage and the Possibility of Recovery for the Victim
  • 3. Traffic Accident Attorney Assistance Result: “Non-Referral”
    • - Hit-and-Run Injury FAQ
  • 4. Hit-and-Run Injury, Explained by a Traffic Accident Attorney
    • - Level of Punishment
    • - How to Respond

1. The Client Who Came to Our Traffic Accident Attorney

The client who came to our traffic accident attorney faced the possibility of a prison sentence being sought in a hit-and-run injury case. However, through the systematic assistance of the traffic accident attorney, the client received a Non-Referral decision without any particular punishment.

The Client in the Traffic Accident Case

On the day of the incident, the client caused a traffic accident by striking the elbow of a passing pedestrian while driving the wrong way down a one-way street.

The client returned home without realizing that the pedestrian had been struck.

The police subsequently investigated the matter as a hit-and-run injury traffic accident, and during questioning the client denied the charge.

However, during the second round of questioning, the client, who was under pressure from the police and who had a prior conviction for drunk driving, admitted the charge out of fear.

Ultimately, the client, whose driver's license was revoked on the hit-and-run injury charge, urgently needed the license because the client was engaged in driving-related work.

Accordingly, in order to resolve this unfair situation and obtain a Non-Referral decision, the client requested assistance from a traffic accident attorney.

Daeryun Law Firm Traffic Accident Attorney Case Study

2. Matters Handled by the Traffic Accident Attorney

Summary of the Assistance Provided by the Traffic Accident Attorney

The traffic accident attorney first identified the key issues of the case so that the client could obtain a Non-Referral decision.

The principal issues in this case were whether the client had been aware of the victim's injury at the time of the accident, and whether leaving the scene could be regarded as an intentional flight.

The Course of the Police Investigation and the Statement

The traffic accident attorney closely examined the client's circumstances from the early stages of the case.

At the time, the client sought to explain the course of the accident accurately, but the police repeated the same questions for about five hours, in a manner that appeared aimed at obtaining a confession.

The attorney emphasized that, under this pressure, the client ultimately gave a statement that did not accord with the facts.

Argument That the Hit-and-Run Injury Charge Was Not Established

The traffic accident attorney emphasized, on the basis of a Supreme Court precedent (Supreme Court Decision 99Do3910, decided February 25, 2000), that the charge of hit-and-run causing injury was not established.

The phrase “fleeing without taking the measures required under the Road Traffic Act, such as aiding the victim,” as provided in Article 5-3(1) of the Act on Aggravated Punishment of Specific Crimes, means a case in which the driver involved in the accident, despite being aware that the victim was killed or injured as a result of the accident, leaves the scene before fulfilling the legal duty of aid and the like, thereby creating a situation in which the person who caused the accident cannot be identified.

In this case, however, the client was entirely unaware that the victim's elbow had come into contact with the vehicle, and at the time of the accident there were no circumstances, such as drinking, driving without a license, or lack of insurance, that would have given any reason to leave the scene.

Accordingly, the traffic accident attorney focused on arguing that it was difficult to conclude that the client had intentionally left the scene of the accident, that is, that it could not be definitively held that an “intent to flee” had been proved to the degree of excluding reasonable doubt.

Insurance Coverage and the Possibility of Recovery for the Victim

The client submitted a certificate of automobile insurance as evidence to prove that, at the time of the incident, the client was covered by both comprehensive vehicle insurance and driver's insurance.

On this basis, the traffic accident attorney emphasized that the client was fully in a position to compensate the victim for the resulting damages.

3. Traffic Accident Attorney Assistance Result: “Non-Referral”

Traffic Accident Attorney Assistance Result, Non-Referral Decision

The traffic accident attorney comprehensively proved and explained the course of the police investigation, the argument that the hit-and-run injury charge was not established, and the fact of insurance coverage, thereby assisting the client in obtaining a Non-Referral decision.

“Non-Referral” means that the police, after investigation, determine that there is no suspicion of a crime and conclude the case without referring it to the prosecutors' office.

Hit-and-Run Injury FAQ

Q. Attorney, in a hit-and-run injury case, can a person receive a reduction of sentence if covered by comprehensive automobile insurance?

A. The fact of comprehensive automobile insurance coverage serves as important grounds showing the possibility of recovery for the victim.

If it is proved that the victim can be sufficiently compensated through the insurance, this may be reflected favorably when the investigative authorities or the court assess the degree of the client's responsibility.

Q. Attorney, can a person be punished even if they did not know that the victim was injured at the time of the accident?

A. Hit-and-run causing injury is established where the driver, despite being aware that the victim was injured in the accident, leaves the scene without taking aid measures.

Therefore, if the driver was entirely unaware of the victim's injury at the time of the accident, it is difficult to regard the conduct as an intentional flight, so the likelihood of punishment may be lower, and it is important to clearly prove this fact during the investigation.

4. Hit-and-Run Injury, Explained by a Traffic Accident Attorney

“Hit-and-run causing injury” refers to conduct in which a driver who has injured a person in a traffic accident leaves the scene of the accident without aiding the victim.

According to Supreme Court precedent, the Court has ruled on hit-and-run causing injury as follows.

Supreme Court Decision 97Do2396, decided December 12, 1997

For the crime of fleeing while driving to be established, the victim must have suffered the result of death or injury, and where the harm amounts to no more than a mere danger to life or body, or to an extremely trivial wound that cannot be evaluated as the “bodily injury” provided under the Criminal Act and that does not require treatment, so that it is difficult to find that the victim's state of health was impaired thereby, the above crime is not established.

Level of Punishment

If the crime of hit-and-run causing injury is established, the offender is subject to the following punishment under Article 5-3 (Aggravated Punishment of Drivers of Fleeing Vehicles) of the Act on Aggravated Punishment of Specific Crimes.

In addition to such criminal punishment, administrative disadvantages, such as revocation of the driver's license, may also arise.

Article 5-3 of the Act on Aggravated Punishment of Specific Crimes

Where the victim is caused bodily injury

Imprisonment for a definite term of at least one year, or a fine of at least 5 million won and not more than 30 million won

How to Respond

A hit-and-run injury case is by no means a minor matter, and because criminal punishment and administrative disadvantages may follow at the same time, it is important to respond promptly from the early stages of the case.

In traffic accident cases such as hit-and-run causing injury, Daeryun Law Firm closely reviews the course of the client's statements and the circumstances of the accident from the early stages of the case.

The firm analyzes the case as a whole, including the circumstances at the accident scene, the extent of the harm, and whether insurance coverage exists, in order to examine whether the hit-and-run injury charge is established, and, where necessary, systematically organizes and presents the client's position on the basis of Supreme Court precedents and relevant legal principles.

If you become involved in a hit-and-run injury case in a situation such as the one described above, please feel free to request assistance from Daeryun Law Firm through 🔗a legal consultation appointment.

교통사고변호사

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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