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Deals & Cases

Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (injury)

Case with Assistance of an Attorney Specializing in Traffic Accidents | Suspension of Indictment for Traffic Accident Injury Protects a Public Official's Position

This is a case in which a public official client who sought an attorney specializing in traffic accidents, with strategic assistance, received a suspension of indictment after being booked on suspicion of causing injury in a traffic accident, and avoided the risk of losing their position.

CONTENTS
  • 1. A Client Who Sought an Attorney Specializing in Traffic Accidents
    • - Background of the Traffic Accident Case
    • - Legal Analysis and Review of the Accident's Cause
  • 2. The Step-by-Step Response Strategy of the Attorney Specializing in Traffic Accidents
    • - Traffic Attorney's Assistance 1 | Establishing the Background of the Traffic Accident Case and Legal Analysis
    • - Traffic Attorney's Assistance 2 | Demonstrating Remorse and a Faithful Investigative Attitude
    • - Traffic Attorney's Assistance 3 | Securing a Settlement and an Expression of No Wish for Punishment
    • - Traffic Attorney's Assistance 4 | Consideration of Social Credibility and Family Circumstances
    • - Traffic Attorney's Assistance 5 | Reasoning for Retention of Public Official Status and Legal Arguments
  • 3. Result of the Attorney Specializing in Traffic Accidents' Assistance: Protection of the Client's Position through Suspension of Indictment
    • - Legal Points of the Traffic Accident Case
    • - If You Are Looking into a Traffic Accident Legal Consultation
    • - Traffic Accident FAQ

1. A Client Who Sought an Attorney Specializing in Traffic Accidents

This is the account of a client who sought an attorney specializing in traffic accidents.

Background of the Traffic Accident Case

The client was a public official who ordinarily worked diligently.


One day, on a back road, while attempting a left turn, the client's field of view was narrowed by interference from another vehicle, and a collision occurred with a pedestrian crossing at a crosswalk that had no traffic signal.

Alarmed, the client immediately stopped the vehicle and promptly took measures such as calling an ambulance.


Fortunately, the victim was able to receive treatment without serious injury; however, the police began an investigation on suspicion of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (injury).

Afterward, the client expressed an anxious state of mind, asking, "If even a sentence of imprisonment without labor is imposed, would I be removed from my position right away?"


Indeed, because a public official becomes subject to automatic removal from office if a sentence of imprisonment without labor or heavier is imposed, the client, in a state of severe worry, sought out this firm's traffic attorney and requested assistance.

Attorney Specializing in Traffic Accidents Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents Injury Case

Legal Analysis and Review of the Accident's Cause

After consulting with the client, the traffic attorney reviewed all of the dashcam footage, photographs of the accident scene, and the police statement records in order to grasp the full circumstances of the case in detail.

As a result of the examination, it was difficult to view the circumstances at the time of the accident as attributable to the driver's carelessness alone.

∙ The accident site was an intersection with no traffic signal installed

∙ Another vehicle was already waiting to turn left while positioned over the crosswalk


⇒ While keeping an eye on that vehicle and securing a path forward, the client's view was obstructed and the client noticed the pedestrian late

⇒ The pedestrian was also crossing while looking at a mobile phone, without checking left or right

In other words, while the client's neglect of the duty to look ahead was acknowledged, the accident was a situation in which the other vehicle's improper stopping and the pedestrian's breach of the duty of care acted together as combined factors.

2. The Step-by-Step Response Strategy of the Attorney Specializing in Traffic Accidents

Attorney Specializing in Traffic Accidents Defense Strategy against Injury Punishment

The attorney specializing in traffic accidents developed the argument that this case was difficult to assess as a matter of 'serious negligence on the part of the driver alone.'

Traffic Attorney's Assistance 1 | Establishing the Background of the Traffic Accident Case and Legal Analysis

On the basis of the 'priority for the vehicle on the road to the right' provision in Article 26(3) of the Road Traffic Act and the structural characteristics of the accident, the attorney specializing in traffic accidents emphasized that the client's conduct was not 'reckless driving' but rather an 'unavoidable accident under restricted visibility.'

Road Traffic Act Article 26 (Yielding at an Intersection without Traffic Control)

③ The driver of a vehicle seeking to enter an intersection at which traffic is not being controlled at the same time as another vehicle shall yield the way to the vehicle on the road to the right.

In addition, the attorney analyzed the road environment in which the accident occurred, the field of view, and the pedestrian's behavioral pattern from a traffic engineering perspective, and submitted this as reference material during the police investigation.

Traffic Attorney's Assistance 2 | Demonstrating Remorse and a Faithful Investigative Attitude

From immediately after the accident, the client sincerely apologized to the victim, acknowledged all the facts during the police investigation, and actively cooperated with the investigation.

To support the client's attitude, the attorney specializing in traffic accidents organized and submitted the letter of apology, the statement of reflection, and records of the apology messages.

∙ Immediate implementation of rescue measures right after the accident

∙ Repeated apologies delivered to the victim by handwritten letter and text message

∙ Faithful testimony during the investigation without concealing the facts

These materials served as key grounds showing that the client was not simply 'a person trying to avoid punishment,' but a public servant who genuinely felt the weight of responsibility and was reflecting on the matter.

Traffic Attorney's Assistance 3 | Securing a Settlement and an Expression of No Wish for Punishment

The attorney specializing in traffic accidents also focused on reaching an amicable settlement with the victim.

The victim initially expressed displeasure, but as the attorney mediated and conveyed a sincere apology and support for medical expenses, the victim ultimately stated clearly that they did not wish for punishment, saying, "The client responded conscientiously even to a minor accident."

The attorney accordingly submitted the settlement agreement and the statement of no wish for punishment, together with a petition written personally by the victim's father, strengthening the atmosphere for leniency.

Traffic Attorney's Assistance 4 | Consideration of Social Credibility and Family Circumstances

The client also had a record of having received some form of criminal punishment, and was the head of a household responsible for the family's livelihood.

Accordingly, the attorney specializing in traffic accidents attached the family relationship certificate, petitions from colleagues at work, and records of commendations, highlighting that the client was a person who had ordinarily devoted themselves to public safety.

This was persuasively structured so that the client's 'social contribution as a public official' could be reflected as a factor in mitigation of sentence.

Traffic Attorney's Assistance 5 | Reasoning for Retention of Public Official Status and Legal Arguments

On the basis of Article 33(4) and Article 69 of the State Public Officials Act, the attorney specializing in traffic accidents emphasized the special situation of a public official, who is removed from office immediately upon the imposition of a sentence of imprisonment without labor or heavier.

State Public Officials Act Article 33 (Grounds for Disqualification)

A person who falls under any of the following subparagraphs may not be appointed as a public official.


4. A person for whom two years have not elapsed since the end of the period of a suspended sentence of imprisonment without labor or heavier that was imposed

Therefore, the attorney appealed that depriving the client of their status over a traffic accident caused by simple negligence would be an excessive sanction contrary to the principle of proportionality, and requested that leniency be granted to the client.

3. Result of the Attorney Specializing in Traffic Accidents' Assistance: Protection of the Client's Position through Suspension of Indictment

Attorney Specializing in Traffic Accidents Public Official Traffic Accident Suspension of Indictment Protection of Position

After comprehensively reviewing the materials submitted by the attorney specializing in traffic accidents, the prosecution acknowledged the following circumstances and issued a 'suspension of indictment conditioned on completion of education.'

∙ The fact that the suspect acknowledged the offense and was deeply reflecting on it

∙ The fact that it was a simple accident of carelessness in which the negligence was not serious

∙ The fact that an amicable settlement was reached with the victim

∙ The fact that the loss to the client's status as a public official would be excessive if a sentence of imprisonment without labor were imposed

A suspension of indictment conditioned on completion of education refers to a disposition in which the prosecutor, while acknowledging the suspect's offense, does not indict on the condition that the suspect completes a specific educational or counseling program.

Accordingly, the client was able to conclude the case without a criminal trial and was able to prevent disadvantage to their status.

Legal Points of the Traffic Accident Case

Article 27(1) of the Road Traffic Act provides that, where a pedestrian is crossing at a crosswalk, the driver shall stop temporarily before that crosswalk so as not to obstruct the pedestrian's crossing or pose a danger.

Paragraph (3) also provides, 'A driver shall not obstruct the passage of a pedestrian crossing an intersection at which traffic is not being controlled, or a road in the vicinity thereof.'

However, the client was found to have violated this provision by failing to fulfill the duty to look ahead while turning left, and thus came under suspicion of causing injury under the Act on Special Cases concerning the Settlement of Traffic Accidents.

The corresponding level of punishment is as follows.

Level of Punishment

Statutory Provision

Level of Punishment

Act on Special Cases concerning the Settlement of Traffic Accidents Article 3(1)

Imprisonment without labor for up to 5 years or a fine of up to 20 million won

If You Are Looking into a Traffic Accident Legal Consultation

Daeryun Law Firm has many attorneys with extensive experience handling criminal proceedings arising from traffic accidents.

Going beyond the role of simply representing clients in criminal proceedings, the firm provides systematic assistance, including analyzing the structure of the accident, organizing the reasoning for determining the proportion of fault through dashcam analysis, settling with the victim, and coordinating with the insurer.

In addition, as in the case above, where disadvantage to one's status is anticipated, the firm establishes and responds with a comprehensive defense strategy for that as well.

If you find yourself in a similar situation, please feel free at any time to entrust your case through a 🔗legal consultation appointment.

Traffic Accident FAQ

Q. If a case is booked as a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, does criminal punishment always follow?

A. No.

When the driver's negligence is minor, or when an amicable settlement has been reached with the victim, a suspension of indictment may be granted at the prosecution stage.

Q. In a case involving a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, what should be done if a settlement with the victim proves difficult?

A. When the victim refuses to settle on emotional grounds, the level of punishment may be reduced by providing actual recovery of the victim's losses through insurance proceeds, together with a specific account of the suspect's attitude of remorse, social ties, and circumstances of livelihood.

교통사고전문변호사

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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