Traffic Accident Case | A Client Who Caused a Fatal Traffic Accident, a Case Defended With a Suspended Sentence

1) Highlighting the Mitigating Points Regarding the Circumstances of the Accident

In collaboration with the internal evidence investigation center, the attorney secured the dashcam records of the client's vehicle and visited the scene where the incident occurred to investigate the road structure and the point at which the incident took place.

Accordingly, the attorney submitted photographs and video records of the road structure and the point of the incident, asserting that, due to the structure of the road, the point of the accident was not clearly visible and that, from the client's vantage point, it was difficult to recognize that a vehicle was stopped ahead.

2) Highlighting the Mitigating Points Regarding the Victim's Death

The victim had a history of heart disease and did not normally prefer to wear the seatbelt properly, and on the day the fatal traffic accident occurred, the victim was likewise wearing the seatbelt across the abdomen only.

The attorney emphasized that the client, taking the victim's condition into account, did not stop the victim from wearing the seatbelt across the abdomen only, and strongly argued that the victim's cause of death, the rupture of the abdominal organs, was caused by the victim's improper wearing of the seatbelt.

3) The Client's Remorse and the Bereaved Family's Wish Not to Seek Punishment

Submitting the client's letter of apology, the attorney emphasized that the client had long shared a deep bond with the victim and was deeply remorseful about the traffic accident caused by his own fault.

In addition, the attorney appealed for leniency through the points that the victim's bereaved family also felt sorrow for the client, who had been on close terms with the victim, and did not wish for punishment, and that the client had conveyed settlement money to the bereaved family and expressed an apology.

The court found that the fact itself, that the fatal traffic accident occurred through the client's negligence, was recognized.

However, it comprehensively considered ▲the point that, due to the road structure at the time of the accident, it was difficult to immediately recognize the congestion ahead, ▲the point that there were circumstances to be taken into account regarding the cause of the victim's death, such as the state of seatbelt use, and ▲the point that the client deeply repented after the incident and amicably settled with the bereaved family, thereby obtaining their wish not to seek punishment.

Accordingly, the court judged that an actual custodial sentence would be excessive for this traffic accident case and imposed a suspended sentence judgment on the client.

1) Fatal Traffic Accident Caused by Occupational Negligence

When a victim dies due to a driver's negligence, such as a breach of the duty to keep a proper lookout or a traffic signal violation, the driver is subject to punishment for occupational negligence causing death under Article 268 of the Criminal Act.

2) Where a Child Is Caused to Die

When a child is caused to die within a child protection zone (school zone), the Act on Aggravated Punishment of Specific Crimes applies, and aggravated punishment may be imposed.

3) Fatal Traffic Accident Caused by Drunk Driving

Drunk driving is likewise subject to aggravated punishment under the Act on Aggravated Punishment of Specific Crimes.

1) Reconstructing the Cause of the Accident and the Proportion of Fault from an Investigative Perspective

In collaboration with our in-house evidence analysis center, we review the standard of fault head-on by combining frame-by-frame analysis of dashcam footage with an assessment of the road structure and the available field of vision.

On this basis, we examine to what extent the client's breach of the duty to keep a proper lookout can be recognized, and we work to prevent the fault from being interpreted too broadly.

2) Organizing Factors That Affect Sentencing According to the Court's Standards

A specialized attorney selects and organizes factors such as the victim's health condition, the manner of seatbelt use, and the course of events after the accident as elements that are directly reflected in the sentencing standards.

In this process, we submit materials structured around only the points that the court actually reflects in its judgment, in a manner that increases the possibility of a reduced sentence.

3) Managing the Overall Flow from Settlement with the Bereaved Family to the Criminal Proceedings

A specialized attorney reviews the possibility of settlement from the early stages and proceeds with a settlement only to the extent that it does not operate unfavorably in the criminal proceedings.

In addition, we manage the entire process, from statements at the investigation stage to responses during trial and the submission of sentencing materials, so that the client does not suffer procedural disadvantages.

If you are concerned about criminal punishment in connection with a traffic accident case, we encourage you to review a response tailored to your case through the 🔗legal consultation appointment with a traffic accident attorney at Daeryun Law Firm.

Daeryun, the ninth-ranked law firm in the Republic of Korea (based on 2025 value-added tax filings with the National Tax Service), provides assistance with cases drawing on its accumulated experience.