CONTENTS
- 1. The Client Who Came to the Military Criminal Specialist Attorney
- 2. The Military Criminal Specialist Attorney's Response Strategy
- - The Military Criminal Specialist Attorney's Assistance
- 3. Non-Prosecution Decision Obtained With the Assistance of the Military Criminal Specialist Attorney
1. The Client Who Came to the Military Criminal Specialist Attorney
The client who came to the military criminal specialist attorney was a career soldier and caused a traffic accident, colliding with a vehicle approaching from the side while changing lanes.
As a result of this accident, the client came under investigation by the military prosecution on suspicion of hit-and-run causing injury and failure to take measures after an accident.
This was because the client left the accident scene without taking measures after causing the traffic accident, and the victim's side submitted a medical certificate of injury.
Through the legal consultation, Daeryun Law Firm's military criminal specialist attorney advised that, in order for the client to maintain military status, it would be prudent to review the details closely and thoroughly and to set a strategy.
Having learned that this case could cause the status of soldier, for which the client had worked hard, to be lost in an instant, the client requested the assistance of Daeryun Law Firm's military criminal specialist attorney.
Laws Related to the Case Examined With the Military Criminal Specialist Attorney
Because the Military Criminal Act has no separate provision on traffic accidents, even a person with the status of soldier is subject to punishment under the Road Traffic Act.
- Article 5-3 of the Act on Aggravated Punishment of Specific Crimes (Aggravated Punishment of Drivers of Fleeing Vehicles)
(1) the Road Traffic Act Article 2, namely, where the driver of an automobile, motorized bicycle, or construction machinery other than the construction machinery under the proviso to the Construction Machinery Management Act Article 26 (1) (hereinafter "automobile, etc."), commits, through the operation of such automobile, etc., an offense under the Criminal Act Article 268, and such driver (hereinafter "accident-causing driver") flees without taking measures, such as rescuing the victim, under the Road Traffic Act Article 54 (1), the driver shall be subject to aggravated punishment as classified under the following subparagraphs.
- Where the driver causes the death of the victim and flees, or the victim dies after the driver flees, the driver shall be punished by imprisonment for life or for at least 5 years.
- Where the driver causes injury to the victim, the driver shall be punished by imprisonment for a definite term of at least 1 year or a fine of at least 5 million won but not more than 30 million won.
- Article 54 of the Road Traffic Act (Measures at the Time of an Accident)
(1) Where a person is killed or injured or property is damaged (hereinafter "traffic accident") due to the operation of a vehicle or tram, or other traffic, the driver or other crew member of such vehicle or tram (hereinafter "driver, etc.") shall immediately stop and take the following measures.
- Necessary measures, such as rescuing the casualties
- Providing the victim with personal information (meaning name, telephone number, address, and the like)
2. The Military Criminal Specialist Attorney's Response Strategy
Daeryun Law Firm's military criminal specialist attorney examined the case closely with the client and established a response strategy based on the situation identified.
First, the firm formed a task-force team for this case composed of three or more military criminal specialist attorneys with backgrounds as military judges and military prosecutors.
Because the client's military status could be jeopardized without thorough preparation, the team devised detailed initial response measures.
The Military Criminal Specialist Attorney's Assistance
The accident in this case occurred while the victim's vehicle was overtaking the client's vehicle and the client changed lanes.
The military criminal specialist attorney analyzed the accident thoroughly and defended the client on the following grounds.
▶The point that the client had been driving for only about 2 months and thus lacked driving experience
▶The point that the accident occurred at around 10 p.m., in dark conditions
▶The point that the victim's vehicle was black and thus an inconspicuous color
▶The point that the spot where the victim's vehicle was overtaking the client's vehicle was a so-called side-mirror blind spot
▶The point that construction was underway in the third lane at the accident spot, and the client mistook the impact for the vehicle being damaged due to the road conditions
▶The point that, immediately after the accident, the client continued to drive at normal speed, indicating no intent to flee
▶The point that the client became aware of the accident in this case only after arriving at the destination and checking the vehicle damage and the dashcam
3. Non-Prosecution Decision Obtained With the Assistance of the Military Criminal Specialist Attorney
The military prosecutor accepted the arguments of Daeryun's military criminal specialist attorney and concluded the case with a non-prosecution decision.
A career soldier must pass examinations and similar gateways, preparing through much effort, in order to advance in rank.
Because dismissal or removal is possible where an unlawful act leading to legal punishment has been committed, it is prudent to handle the case more thoroughly together with specialists such as a military criminal specialist attorney.
Have you become involved in a case similar to the above?
Daeryun Law Firm's team of military criminal specialist attorneys, including those with backgrounds as military legal advisers, military judges, military prosecutors, and from the Defense Acquisition Program Administration, can assist with practical legal services suited to each situation.
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