CONTENTS
- 1. What Were the Circumstances of the Traffic Accident Dedicated Attorney's Case
- - The Situation at the Time of the Traffic Accident
- 2. The Traffic Accident Dedicated Attorney's Legal Advice
- - The Most Important Factor Is the ‘Intent to Flee’
- - Emphasis on the Other Party's Negligence Based on the Objective Circumstances
- 3. The ‘Non-Prosecution’ Result Achieved by the Attorney Handling the Traffic Accident Case
- 4. Information on Hit-and-Run Causing Injury Explained by the Attorney Handling the Traffic Accident Case
- - When Is Hit-and-Run Causing Injury Established?
- - Points to Note When Hit-and-Run Causing Injury Is Applied
1. What Were the Circumstances of the Traffic Accident Dedicated Attorney's Case
The client who came to a traffic accident dedicated attorney was in a state of having been booked on a charge of violation of the “Act on Aggravated Punishment of Specific Crimes,” that is, violation of the Act on Aggravated Punishment of Specific Crimes (hit-and-run causing injury), after leaving the scene following a traffic accident.
The Situation at the Time of the Traffic Accident
The client, who operates a taxi business, was driving on a main road near home during the daytime and changed lanes from the second lane to the first lane while driving.
Continuing to drive, the client noticed a motorcycle that had fallen over behind, but continued driving without giving it much thought.
A short time later, the client received a call from the police saying that the client had been reported for hit-and-run causing injury, and, gripped by the fear that the client might face criminal punishment even though there had been no fault on the client's part at the time, the client came to a traffic accident dedicated attorney.
2. The Traffic Accident Dedicated Attorney's Legal Advice
Unlike an ordinary case of failure to take measures after an accident, hit-and-run causing injury, to which a charge of violation of the Act on Aggravated Punishment of Specific Crimes applies, can result in heavy criminal punishment, so the traffic accident dedicated attorney reviewed the case carefully.
The traffic accident dedicated attorney responded by meticulously reviewing whether this case fell within the constituent elements of the crime.
According to the Act on Aggravated Punishment of Specific Crimes, where a driver who caused a traffic accident through the driver's own fault flees without taking measures, such as rescuing a victim injured or killed in that accident, the driver is subject to aggravated punishment.
In order to determine whether a driver left the accident scene for the purpose of fleeing, the circumstances and details of the accident, the location and degree of the victim's injuries, the degree of the driver's fault, the age and gender of the driver and the victim, and the circumstances after the accident must be comprehensively considered.
The place where the traffic accident occurred at the time was a zone with a speed limit of 50 km, and the client was driving at a constant speed in accordance with the speed limit, had not consumed alcohol, and had not neglected the duty to keep a lookout ahead.
The Most Important Factor Is the ‘Intent to Flee’
To establish the offense of causing injury under Article 5-3, Paragraph 1, Item 2 of the
The intent to flee is established when the suspect has 'the awareness of the act and the intention to carry it out, namely, fleeing without taking any measures despite knowing that the accident in this case occurred through his own negligence.'
The attorney handling the traffic accident case argued that the client had no intent to flee, because the client had never thought that the accident occurred through his own negligence.
At the time of the accident, the client changed lanes because a motorcycle was speeding and closely following from behind, and he did not realize that the motorcycle was also changing lanes after him.
Emphasis on the Other Party's Negligence Based on the Objective Circumstances
On the other hand, the motorcycle that caused the accident did not observe the speed limit, and it was negligent in maintaining a safe distance from the vehicle ahead and in keeping a proper lookout.
The client did not activate his turn signal when changing lanes, but a safe distance from the motorcycle following behind was maintained.
Because the motorcycle did not collide with the client's vehicle, the client recognized only the fact that the motorcycle behind him had fallen.
The attorney handling the traffic accident case argued that the client was driving normally, whereas the motorcycle bore the negligence for the accident.
3. The ‘Non-Prosecution’ Result Achieved by the Attorney Handling the Traffic Accident Case
The attorney emphasized that, because the client was driving in compliance with the road traffic laws at the time the accident occurred, it was difficult for him to connect his own lane change with the motorcycle's accident.
In the end, the attorney's argument was accepted, the client received a non-prosecution decision for the violation of the Act on Aggravated Punishment of Specific Crimes (hit-and-run causing injury), and the client was able to avoid a severe punishment.
4. Information on Hit-and-Run Causing Injury Explained by the Attorney Handling the Traffic Accident Case
Unlike an ordinary failure to take measures after a traffic accident, hit-and-run causing injury is classified as a serious traffic crime.
The key requirements for hit-and-run causing injury are as follows.
When Is Hit-and-Run Causing Injury Established?
Under Article 5-3, Paragraph 1 of the Act on Aggravated Punishment of Specific Crimes, where the driver of a vehicle causes death or injury to a person through a traffic accident and flees without immediately stopping and taking necessary measures such as aiding the victim, hit-and-run causing injury or hit-and-run causing death is applied depending on the result.
| Hit-and-run causing injury | Fleeing without taking aid measures after injuring a person in a traffic accident |
| Hit-and-run causing death | Fleeing after causing the death of a person in a traffic accident |
Where hit-and-run causing injury is recognized, the offender is subject to 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.
The five constituent requirements of hit-and-run causing injury
| Occurrence of a traffic accident | Constitutes a traffic accident under the Road Traffic Act |
| Occurrence of bodily injury | Mere property damage does not qualify; there must be a bodily injury requiring treatment |
| Possibility of recognizing the accident and the harm | The driver recognized, or could have recognized, the fact that the accident occurred |
| Breach of the duty to provide aid | Failing to immediately stop, check the victim's condition, report the accident, and take other necessary measures at the time of the accident |
| Flight | Intentionally leaving the scene |
Points to Note When Hit-and-Run Causing Injury Is Applied
Even where the victim sustains only a very minor injury, the charge of hit-and-run causing injury may be established, and even if the driver voluntarily reports the accident after it occurs, the driver remains subject to punishment.
However, as in this case, where the driver did not recognize the accident and had no intent to flee, it is possible to seek the assistance of an attorney handling traffic accident cases from the early stage in order to devise a response strategy.
If you are in a similar situation, because even a slight difference may change the way the law is applied and the future course of events, professional assistance is necessary.
If you are facing concerns related to such a case, please seek a consultation through the 🔗Traffic Accident Attorney Legal Consultation Booking.
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.
