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Deals & Cases

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

Case of Death by a Traffic Accident | A Traffic Accident Fatality Occurring During an Unprotected Left Turn, Resulting in a Fine

The client, who was indicted on charges of causing death by a traffic accident, was able, with the assistance of a traffic accident attorney at Daeryun Law Firm, to establish numerous mitigating circumstances and to obtain a minor fine.

CONTENTS
  • 1. The Client Who Faced Charges of Death by a Traffic Accident
    • - Circumstances of the Traffic Accident
    • - The Issues in This Case
  • 2. Establishing the Circumstances of a Fatal Traffic Accident Case and the Attorney's Assistance
    • - Establishing the Specific Circumstances of the Accident
    • - Consideration in Sentencing Based on Legal Interpretation
    • - Amicable Settlement with the Bereaved Family and Confirmation of Their Wish Not to Punish
    • - Diligent Social Life and Securing Letters of Appeal
  • 3. Result of the Attorney's Assistance in the Fatal Traffic Accident Case: Concluded with a Fine
    • - Information Related to Fatal Traffic Accident Cases
    • - If You Need a Legal Consultation Regarding a Traffic Accident
    • - FAQ Related to Fatal Traffic Accident Cases

1. The Client Who Faced Charges of Death by a Traffic Accident

The circumstances in which the death by a traffic accident occurred are as follows.

Circumstances of the Traffic Accident

The client was a young graduate student who, late at night while returning home before a project presentation, was driving again to retrieve a laptop bag he had left behind.


While waiting at a signal in an unprotected left-turn area, the client confirmed that there were no vehicles ahead and began to make a slow left turn, when he suddenly collided with a motorcycle traveling straight from the opposite direction at 30 km/h over the speed limit.

The client immediately got out of the vehicle to check on the victim's condition and reported the accident to 119, remaining at the scene and assisting with the rescue until the emergency responders arrived.


However, the victim regrettably died at the hospital the following day.

The prosecution then indicted the client on charges of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (death), and Daeryun Law Firm represented the defendant in the criminal trial.

Circumstances of the death by a traffic accident, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents

The Issues in This Case

The client was a young student attending graduate school who was preparing with the goal of obtaining employment as a public official or at a public enterprise in the future.


Accordingly, as a result of this case, if the client were to be sentenced to a suspended sentence of imprisonment without labor or heavier, a situation could arise in which his career path would be completely blocked due to the grounds for disqualification from public office.

Article 33 of the State Public Officials Act (Grounds for Disqualification)

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


4. A person who has been sentenced to a suspended sentence of imprisonment without labor or heavier, where less than two years have passed since the end of the suspension period

Accordingly, the core objectives of the case were established as follows.

① Acknowledging criminal responsibility while sufficiently establishing the unavoidable circumstances of the accident and the grounds for mitigation

② Concluding the matter with a fine, without an actual sentence or a suspended sentence

③ Comprehensively reviewing the cause of the accident to prevent the defendant's negligence from being assessed excessively

In addition, the scene of the accident was an unprotected left-turn area, which was a complex situation in which not only the driver's breach of the duty to keep a proper lookout ahead but also the speeding of the victim motorcyclist served as a significant cause of the accident.

Accordingly, there was a risk that the defendant's negligence would be assessed excessively unless the specific facts, such as the order of entry into the intersection, the speed, and the sightlines, were reviewed comprehensively.

2. Establishing the Circumstances of a Fatal Traffic Accident Case and the Attorney's Assistance

Attorney assistance in establishing the circumstances of a fatal traffic accident case

In order to help the client, who was indicted on the charge of causing death by a traffic accident, conclude the case with a relatively light penalty such as a fine, the traffic accident attorney provided assistance as follows.

In particular, the attorney did not stop at examining the legal responsibility for the accident, but comprehensively presented the defendant's character, manner of living, social ties, and sincere remorse and efforts to repair the harm after the accident.

Establishing the Specific Circumstances of the Accident

The traffic accident specialist attorney analyzed the traffic accident analysis report from the Korea Road Traffic Authority and the CCTV footage and proved that the victim's motorcycle had been traveling at approximately 80 km per hour, about 30 km over the 50 km speed limit, and had entered the intersection later than the client's vehicle.

Through this, the traffic accident attorney logically established the point that, “although the defendant's carelessness is acknowledged, the victim's speeding acted as the main cause of the accident.”

The attorney also comprehensively presented the facts that the client immediately reported the matter to 119 and undertook the rescue, and that the client voluntarily reported the matter to the police right after the accident and faithfully explained the facts.

Consideration in Sentencing Based on Legal Interpretation

Even in a section where unprotected left turns are permitted, a driver has a duty of care not to obstruct the passage of vehicles approaching from the opposite direction.


However, with the amendment of the Enforcement Rule of the Road Traffic Act, the legal assessment of accidents occurring during an unprotected left turn has changed.


In the past, even a case in which a driver obstructed the passage of another vehicle during an unprotected left turn was treated as a traffic signal violation, but the current Enforcement Rule eases this and provides that it constitutes a violation of the duty of safe driving.

Former Enforcement Rule of the Road Traffic Act

2. At a place marked for an unprotected left turn, a driver may turn left when doing so does not obstruct other traffic proceeding under the signal. However, where the driver obstructs other traffic, the driver bears responsibility for a traffic signal violation.


Current Enforcement Rule of the Road Traffic Act

2. At a place with a sign or marking for an unprotected left turn, a driver may turn left.

On this point, the Supreme Court has held as follows.

Summary of Supreme Court Decision 2011Do2970, Decided July 28, 2011

Where a vehicle turning left at a place marked for an unprotected left turn obstructs other traffic, this constitutes not a traffic signal violation but a violation of the duty of safe driving.

Accordingly, on the basis of this legal principle and precedent, the traffic accident specialist attorney emphasized that the client's conduct amounted not to a serious violation of regulations but to minor negligence arising from a momentary lapse in the duty of care.

Amicable Settlement with the Bereaved Family and Confirmation of Their Wish Not to Punish

Upon learning of the victim's death, the defendant immediately expressed condolences and, after the funeral, visited the bereaved family in person and sincerely apologized.


The bereaved family accepted the defendant's attitude and, after receiving the driver's insurance proceeds and a separate settlement amount, submitted a statement of no desire for punishment indicating that they did not wish the defendant to be punished.


The traffic accident attorney submitted this fact to the court and established that the defendant had made not merely a monetary payment but a sincere apology and efforts to repair the harm.

Diligent Social Life and Securing Letters of Appeal

The defendant had consistently led a diligent and responsible life, and had lived in such an exemplary manner that he was never once absent during his school years.


He had also engaged in various social contribution activities, including community service, blood donation, and educational volunteering.


The traffic accident attorney submitted letters of appeal from his academic advisor, laboratory colleagues, and family to support these points.


These served as materials showing that the defendant had become subject to criminal punishment only because of a momentary mistake, and that he was a person well worthy of being given another chance in society.

3. Result of the Attorney's Assistance in the Fatal Traffic Accident Case: Concluded with a Fine

Concluding a fatal traffic accident case with a fine through the attorney's assistance

As a result of the traffic accident attorney's comprehensive assistance and the establishment of numerous mitigating circumstances in the fatal traffic accident case, the court imposed a minor fine on the defendant.

This was the result of the comprehensive consideration of the amicable settlement with the victim's side, the bereaved family's wish not to punish, and the defendant's diligent social life, as argued by the traffic accident attorney.


As a result, the client was able to continue his studies and career, and this case demonstrates how important systematic legal analysis and a sincere response are from the early stages of a case.

Information Related to Fatal Traffic Accident Cases

A fatal traffic accident case refers to a case in which a driver causes the death of another person through occupational negligence or gross negligence.

Criminal Act (Penal Code) Article 268 (Death or Injury by Occupational or Gross Negligence)

A person who causes the death of or injury to another by occupational negligence or gross negligence shall be punished by imprisonment without labor for not more than five years or by a fine not exceeding 20 million won.

In such a case, a case of death by occupational negligence arising from driving may result in the following punishment under Article 3, Paragraph 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

Level of Punishment

Act on Special Cases concerning the Settlement of Traffic Accidents Article 3 (Special Cases as to Punishment)

Level of Punishment

Where the driver of a vehicle commits the crime under Article 268 of the Criminal Act through a traffic accident

Imprisonment without labor for not more than five years, or a fine not exceeding 20 million won

However, even when a fatal accident has occurred as a result of a traffic accident, the sentence may vary depending on factors that may be taken into account, such as the circumstances of the accident, the degree of negligence of the driver and the victim, whether a settlement has been reached, and the bereaved family's intent regarding punishment.

As in this case, where the defendant's active settlement, expressed wish for leniency, and social and academic mitigating circumstances are sufficiently established, there is also a possibility that the case may be concluded with a fine rather than an actual custodial sentence.

If You Need a Legal Consultation Regarding a Traffic Accident

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

Beyond merely representing clients in criminal procedures, the firm provides systematic assistance, including analysis of the accident's structure, calculation of the negligence ratio through examination of dashcam and CCTV footage, settlement with the victim, and coordination with insurers.

In particular, where disadvantages to one's status or effects on one's career are anticipated, as in this case, the firm establishes and responds with a comprehensive defense strategy that addresses such matters as well.

If you find yourself in a similar situation, 🔗Legal Consultation Reservation is available, and you are welcome to entrust your case to us at any time.

FAQ Related to Fatal Traffic Accident Cases

Q. Is a settlement absolutely necessary in a fatal traffic accident case?

A. A settlement with the victim or the bereaved family is a very important factor in sentencing.

In particular, where a statement of no desire for punishment is submitted together with various mitigating materials, the possibility of a reduced sentence is high.

Q. In a fatal traffic accident case, is the driver punished even if the victim's negligence is significant?

A. Even where the victim's negligence is acknowledged, criminal liability arises if the driver's violation of the duty of care coexists with it.

However, if specific circumstances such as the degree of speeding and the order of entry into the intersection are established, a reduced sentence is possible.

교통사고치사

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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