CONTENTS
- 1. Details of the Traffic Accident Resulting in Death Case
- - Assistance Provided by the Traffic Accident Specialist Attorney
- 2. Result of the Traffic Accident Resulting in Death Case
- - Concept and Elements of Traffic Accident Resulting in Death
- - Punishment and Governing Provisions
- 3. How to Respond to a Traffic Accident Resulting in Death
- - One-Stop Assistance Provided by Daeryun LLC
1. Details of the Traffic Accident Resulting in Death Case
The client, who came to be investigated on an alleged charge of a traffic accident resulting in death, was reportedly on the way home at night on the day of the incident.
At the time, it was raining on the road and a water mist had formed, so visibility was generally reduced overall. In addition, the strong headlights of a freight truck traveling in the opposite direction made it extremely difficult to secure forward visibility for a moment.
Under these conditions, the victim was jaywalking across the road while wearing dark-colored clothing and carrying a dark umbrella.
The location of the accident was not a crosswalk, and the pedestrian signal at the nearby crosswalk was also red.
Immediately after recognizing the victim, who suddenly appeared ahead, the client took evasive action, such as sharply turning the steering wheel to avoid the collision. However, due to the wet road surface and limited visibility, a contact accident between the vehicle and the victim ultimately occurred.
The victim collapsed on the road, and the client immediately got out of the vehicle, reported the matter to 112 and 119, and then performed emergency measures such as cardiopulmonary resuscitation.
Nevertheless, the victim died after being transported to the hospital, and the client came to be criminally charged with a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (death).
Assistance Provided by the Traffic Accident Specialist Attorney
In cases involving a traffic accident resulting in death, the investigation often proceeds on the premise of the driver's negligence due to the outcome of death, so strategic legal assistance from the early response stage is essential.
1. The existence of serious negligence on the part of the victim
The Daeryun traffic accident specialist attorney first clearly established, through objective materials, that the location of the accident was not a crosswalk and that the pedestrian signal was red.
Through this, the attorney specifically demonstrated to the investigative agency and the court that the victim's jaywalking constituted serious negligence.
2. The absence of foreseeability of the accident
Next, the attorney closely analyzed the dashboard camera footage from the client's vehicle and proved that, at the time of the accident, securing visibility was extremely difficult due to the rain, the water mist, and the glare from the headlights of the oncoming vehicle.
In particular, on the basis that the victim was wearing a dark umbrella and dark-colored clothing, the attorney emphasized that it was practically impossible for the client to foresee or avoid the accident in advance.
3. The argument that there was no duty to foresee
In addition, on the basis of relevant precedents, including Supreme Court Decision 85Do833, the attorney argued that a motor vehicle driver's duty of care is satisfied if it prepares for ordinarily foreseeable risks, and that there is no duty to foresee even an exceptional and atypical situation such as the one in this case.
4. Emphasis on the attitude of remorse
The attorney also organized the facts that the client immediately got out of the vehicle and reported the matter right after the accident, performed emergency measures, and submitted a letter of reflection and a written pledge to comply with the law while deeply reflecting on his own carelessness, thereby assisting the court in objectively assessing the scope of the client's responsibility.
Furthermore, on the basis that the client was enrolled in driver's insurance and that the vehicle involved in the accident was also covered by comprehensive insurance, the attorney demonstrated that substantial recovery of the victim's losses was possible, and proceeded with settlement procedures with the bereaved family in parallel.
2. Result of the Traffic Accident Resulting in Death Case
Despite the alleged charge of a traffic accident resulting in death, through the Daeryun traffic accident specialist attorney's systematic analysis of evidence, precedent-centered construction of legal principles, and step-by-step response, an acquittal was ultimately pronounced.
Taking into account the victim's jaywalking, the limited visibility at the time of the accident, and the weather conditions, the court determined that the charge against the client was not established.
Concept and Elements of Traffic Accident Resulting in Death
A traffic accident resulting in death is a crime that is established where a person is caused to die through negligence while driving a motor vehicle, and the Act on Special Cases concerning the Settlement of Traffic Accidents applies.
For a traffic accident resulting in death to be established, the driver must have occupational or serious negligence, and a substantial causal relationship between that negligence and the victim's death must be recognized.
A crime is not established merely by the outcome of death. The road environment, visibility conditions, the victim's conduct, the driver's ability to avoid the accident, and other factors at the time of the accident must be comprehensively reviewed.
Punishment and Governing Provisions
The principal provisions that apply where an alleged charge of a traffic accident resulting in death is established are as follows.
Under Article 268 of the Criminal Act, a person who causes another to die through occupational negligence or serious negligence may be punished by imprisonment without labor for not more than five years or a fine not exceeding 20 million won.
In addition, under Article 3, Paragraph 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, where the driver of a vehicle commits the crime under Article 268 of the Criminal Act through a traffic accident, the same penalty of imprisonment without labor for not more than five years or a fine not exceeding 20 million won is prescribed.
3. How to Respond to a Traffic Accident Resulting in Death
If a charge of a traffic accident resulting in death has been applied, it is advantageous to respond as follows.
Stage | Response for a Traffic Accident Resulting in Death | Key Practical Points |
Immediately after the accident | Stop immediately, report to 112 and 119, and take emergency measures | Failure to take rescue measures aggravates criminal liability |
Scene management | Secure dashboard camera footage and prevent damage to the scene | Key evidence for reconstructing the accident |
Investigation response | Retain a traffic accident specialist attorney before questioning | Initial statements determine the outcome |
Disputing negligence | Analyze the victim's jaywalking and signal violation | Negating foreseeability |
Constructing legal principles | Limit the scope of the duty of care based on precedent | The core of the acquittal argument |
Settlement procedures | Recover losses and reach a settlement through insurance | Reflected as a sentencing factor |
Trial response | Organize the evidence and present a defense asserting acquittal | Blocking criminal liability |
One-Stop Assistance Provided by Daeryun LLC
Category | Assistance Provided by Daeryun | Significance in a Traffic Accident Resulting in Death Case |
Case assessment | Comprehensive analysis of the circumstances and environment of the accident | Determining whether negligence is established |
Evidence analysis | Close review of dashboard camera footage and scene materials | Proving that the accident was unforeseeable |
Legal strategy | Systematic review of the Criminal Act and the special act | Designing the structure for acquittal |
Application of precedent | Construction of arguments centered on Supreme Court precedent | Clarifying the limits of the duty of care |
Investigation response | Establishing a strategy for police and prosecution questioning | Preventing unfavorable statements |
Coordinating settlement | Supporting recovery of losses through insurance | Substantially mitigating liability |
Trial defense | Defense centered on acquittal and submission of written arguments | Reaching a final acquittal |
In a traffic accident resulting in death, a driver's criminal liability should not be presumed based on the severity of the outcome alone.
Because the outcome can change completely depending on how the specific circumstances at the time of the accident and the legal principles are constructed, the assistance of a traffic accident specialist attorney who has handled many traffic accident resulting in death cases is essential.
If you need legal assistance in a situation like that of the client in this case, please proceed with a 🔗legal consultation reservation.
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.
