[Pohang Criminal Law Specialist Attorney Assistance] Non-Prosecution for Special Bodily Injury From Retaliatory Driving With the Assistance of a Pohang Criminal Law Specialist Attorney

On the day of the incident, the client who requested the assistance of a Pohang criminal law specialist attorney was driving slowly in order to change lanes to enter the expressway.

Because the line of cars stretched far ahead, the client tried to merge in forcibly, but when the victim's vehicle did not let him in, he ended up merging behind the victim's vehicle.

Not long after changing lanes, the client attempted to change lanes again in response to the navigation system's guidance to exit at the IC on the right.

During this process, the client made an abrupt stop when his vision was momentarily obscured by a flash of light in the side mirror.

At that point, the victim, who was behind the client's vehicle, collided with the rear of the client's vehicle.

The victim concluded that the client had engaged in retaliatory driving and filed a complaint against the client on charges of special bodily injury and destruction of property.

However, the client maintained his innocence and requested the assistance of a Pohang criminal law specialist attorney at Daeryun.

■ Intimidation (Intimidation of a Driver)

Act on Aggravated Punishment of Specific Crimes, Article 5-10 (Aggravated Punishment for Assault, etc. Against the Driver of a Vehicle in Operation)

① A person who assaults or threatens the driver of a vehicle in operation (including the case where the driver of a vehicle used for the passenger transport business under Article 2, subparagraph 3 of the 「Passenger Transport Service Act」 temporarily stops to allow passengers to board or alight) shall be punished by imprisonment for not more than five years or a fine not exceeding 20 million won.

② Where a person commits the offense under paragraph (1) and thereby causes bodily injury to a person, he or she shall be punished by imprisonment for a definite term of at least three years, and where he or she causes death, by life imprisonment or imprisonment for at least five years.

■ Special Bodily Injury (Article 258-2)
① A person who commits the offense under Article 257, paragraph (1) or (2) by displaying the collective force of a group or multitude or by carrying a dangerous object shall be punished by imprisonment for at least one year and not more than ten years.
② A person who commits the offense under Article 258 by displaying the collective force of a group or multitude or by carrying a dangerous object shall be punished by imprisonment for at least two years and not more than twenty years.
③ An attempt to commit the offense under paragraph (1) shall be punished.

■ Special Destruction of Property (Article 369)
① A person who commits the offense under Article 366 by displaying the collective force of a group or multitude or by carrying a dangerous object shall be punished by imprisonment for not more than five years or a fine not exceeding 10 million won.
② A person who commits the offense under Article 367 by the method under paragraph (1) shall be punished by imprisonment for a definite term of at least one year or a fine not exceeding 20 million won.

On the day of the incident, the suspect was driving an unfamiliar route for the first time.

The defense also argued that, because the suspect had been suffering from overtime work for several days before the accident and was in a very fatigued state, he made the abrupt stop as a momentary mistake, and that there was no intent to cause the accident.

Retaliatory driving applies to cases where a driver intentionally makes an abrupt stop after overtaking.

However, the defense emphasized that the suspect had neither overtaken the victim's vehicle nor intentionally made an abrupt stop.

The case above involved a client who was rather unfairly subjected to a complaint on charges of special assault and destruction of property arising from retaliatory driving.

The client was able to receive a non-prosecution disposition after the Pohang criminal law specialist attorney established that there was no intent.

At Daeryun Law Firm, experienced attorneys who have handled numerous criminal cases arising from various traffic accidents guide clients' cases in a favorable direction.

If, as in the case above, you are unfairly involved in a case and need legal help, please request the assistance of a Pohang criminal law specialist attorney at Daeryun Law Firm.