CONTENTS
- 1. The client who came to the Busan law office
- - How the Client Came to the Busan Law Office
- - Laws Related to the Case Reviewed by the Busan Law Office
- 2. Assistance Provided by the Busan Law Office
- - Busan Law Office: Argument That the Client Did Not Intentionally Leave the Scene of the Accident
- - Busan Law Office: Argument That the Client Acknowledged the Fault and Actively Cooperated With the Investigation
- - Busan Law Office: Argument That the Client Reached an Amicable Settlement With the Victim
- 3. Result of the Busan Law Office's Assistance: Non-prosecution
1. The client who came to the Busan law office
The client who came to the Busan law office to request assistance was in a situation of having been referred to the prosecutors' office on the suspected fact of ‘failure to take measures after an accident.’
A traffic accident occurred on the way to work, but because the client was in a hurry to get to work, the client exchanged only contact information with the victim and left the scene.
In need of legal assistance, the client entrusted the case to the specialized attorney at the Busan office.
How the Client Came to the Busan Law Office
The client of the Busan Law Office was a young professional who commuted a long distance every day.
On the day of the incident, the client was driving to work as usual. While making a right turn at a crosswalk without a traffic light, the client reportedly failed to see a bicycle and collided with it.
However, the client did not realize that the victim had been struck and simply continued driving. While waiting at a traffic light, the victim came directly to the client and reported the matter.
Only then did the client learn of the accident. After confirming that the victim was all right, the client provided contact information, and the victim took a photograph of the client's identification card.
Because the client was pressed for time to get to work, the client left the scene of the accident. About five minutes later, the client sent the victim a text message stating that they would be responsible for the treatment costs.
Shortly thereafter, the client reportedly received a telephone call from the police asking the client to come in for questioning.
Through these circumstances, the client came to be suspected of ‘failure to take measures after an accident,’ and the client requested a legal consultation with an attorney at the Busan office.
Laws Related to the Case Reviewed by the Busan Law Office
What exactly is the charge against the client?
Response from the attorney at the Busan office
The client has been referred to the prosecution on the suspected fact of ‘failure to take measures after an accident.’
When a traffic accident occurs while driving and a person is injured or property is damaged, the driver must immediately stop the vehicle and take necessary measures, such as aiding the injured.
However, if no measures are taken, the conduct is deemed unlawful.
In other words, ‘failure to take measures after an accident’ is the charge that applies when an accident occurs while driving but the necessary measures are not taken.
What punishment applies in the case of ‘failure to take measures after an accident’?
Response from the attorney at the Busan office
A driver who fails to take the necessary measures even though an accident has occurred is punished on the charge of violating the Road Traffic Act.
If the charge is found to be established, imprisonment for not more than five years or a fine of not more than 15 million won is imposed.
However, this range of punishment is the range imposed when no personal injury has occurred.
If, after a traffic accident, the victim suffered injury or died and yet no measures were taken, the offense of hit-and-run causing death or injury under the Act on Aggravated Punishment of Specific Crimes applies, and the range of punishment becomes much higher.
2. Assistance Provided by the Busan Law Office
Through the consultation conducted with the client at the Busan Law Office, the case could be examined closely.
On this basis, the attorney at the Busan office provided assistance so that they could conclude the case at the prosecution stage.
Busan Law Office: Argument That the Client Did Not Intentionally Leave the Scene of the Accident
While turning along a curve, the client failed to see the victim's bicycle and struck it, but the client did not realize this.
It was only when the victim came to the client, who was waiting at a traffic light, and reported the injury that the client came to learn of the accident.
Accordingly, the attorney at the Busan office argued that the client's leaving the scene of the accident without taking the necessary measures was not intentional.
Busan Law Office: Argument That the Client Acknowledged the Fault and Actively Cooperated With the Investigation
After learning of the accident from the victim, the client immediately acknowledged the fault and apologized.
In addition, upon receiving the telephone call, the client went straight to the police station and actively cooperated with the investigation.
Accordingly, the attorney at the Busan office emphasized that the client deeply regretted the fault and had actively cooperated with the investigation from its early stages.
Busan Law Office: Argument That the Client Reached an Amicable Settlement With the Victim
The attorney at the Busan office assisted so that they could reach an amicable settlement with the victim.
In addition, by obtaining and submitting a statement from the victim expressing that the victim did not wish for punishment, the attorney argued that the client had reached an amicable settlement with the victim.
3. Result of the Busan Law Office's Assistance: Non-prosecution
As a result of the assistance provided by the attorney at the Busan Law Office, the client received a non-prosecution decision and was able to conclude the case at the prosecution stage.
This was owing to the attorney at the Busan office having assisted the client in reaching an amicable settlement with the victim.
The client also expressed gratitude to the attorney who conducted the legal consultation at the Busan office.
If You Need Legal Assistance
The above case was an instance in which a client who left the scene of an accident without taking the necessary measures requested legal assistance from the Busan Law Office.
If you are facing difficulties such as those described above, you are welcome to entrust your case to the Busan Law Office of Daeryun.
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.
