CONTENTS
- 1. The Client Who Reached Out to the Ulsan Law Firm
- - How the Client Came to Reach Out to the Ulsan Attorney
- 2. The Statutes Relevant to the Case, Explained by the Ulsan Law Firm
- 3. The Ulsan Law Firm's Assistance
- - Ulsan Attorney, Argued That the Client Had Confessed to All the Facts
- - Ulsan Attorney, Argued That the Client Had Reached a Settlement With the Victim
- - Ulsan Attorney, Argued That the Client Had No Criminal Record
- 4. The Court's Decision on the Ulsan Law Firm's Arguments
- - If You Need the Help of an Ulsan Attorney
1. The Client Who Reached Out to the Ulsan Law Firm
The client who reached out to the Ulsan law firm caused serious injury to the victim in a traffic accident and was at risk of heavy punishment.
In order to reduce the sentence as much as possible, the client requested a consultation with the Ulsan office attorney.
How the Client Came to Reach Out to the Ulsan Attorney
The client was a delivery driver who was operating his vehicle at 1 a.m. to deliver goods.
It was nighttime at the time of the incident, and as there were no pedestrians crossing at the crosswalk, the client continued driving without stopping the vehicle.
He failed to notice the victim, who was trying to cross at the crosswalk, and struck them with his vehicle, causing an injury requiring 12 weeks of treatment.
The client had an occupational duty of care to come to a temporary stop before the crosswalk and prevent an accident, but he neglected this duty and caused the accident.
Hoping to avoid a heavy punishment, the client came to the Ulsan law firm and asked for help.
2. The Statutes Relevant to the Case, Explained by the Ulsan Law Firm
Act on Special Cases concerning the Settlement of Traffic Accidents Article 3 (Special Cases concerning Punishment)
(1) If the driver of a vehicle commits the offense under Article 268 of the 「Criminal Act」 (death or injury caused by occupational or gross negligence) through a traffic accident, the driver is punishable by imprisonment without labor for not more than 5 years or a fine of not more than 20 million won.
(2) If a driver commits, through the operation of a vehicle, the offense of causing injury by occupational negligence (業務上過失致傷罪) or causing injury by gross negligence (重過失致傷罪) among the offenses under paragraph (1), or the offense under Article 151 of the 「Road Traffic Act」, no public prosecution (公訴) may be brought against the driver against the express will of the victim. However, this does not apply where the driver of the vehicle commits the offense of causing injury by occupational negligence or by gross negligence among the offenses under paragraph (1) and flees without taking measures under Article 54 (1) of the 「Road Traffic Act」, such as rescuing (救護) the victim, or flees after moving the victim away from the accident site and abandoning (遺棄) them, where the driver commits the same offense and refuses a breathalyzer request in violation of Article 44 (2) of the 「Road Traffic Act」 (except where the driver requests or consents to a blood test), and where the driver commits the same offense through any of the following acts.
Criminal Act Article 268 (Death or Injury Caused by Occupational or Gross Negligence)
A person who, through occupational negligence or gross negligence, causes the death or injury of another is punishable by imprisonment without labor for not more than 5 years or a fine of not more than 20 million won.
3. The Ulsan Law Firm's Assistance
In order to obtain a suspended sentence, the Ulsan law firm analyzed the case closely and presented its arguments, asserting the following.
Ulsan Attorney, Argued That the Client Had Confessed to All the Facts
The Ulsan law firm argued that the client had confessed to all the facts of his offense, cooperated diligently with the investigation, and felt deeply ashamed of his wrongdoing and wrote a letter of apology out of sincere remorse.
Ulsan Attorney, Argued That the Client Had Reached a Settlement With the Victim
The Ulsan law firm argued that the client had offered a sincere apology and paid a settlement to the victim who had suffered serious injury from his offense, and that the victim accordingly did not wish for the client to be punished.
Ulsan Attorney, Argued That the Client Had No Criminal Record
The Ulsan law firm argued that the client had lived as a diligent member of society with no criminal record, that his social ties were firm, and that there was no possibility of reoffending whatsoever.
4. The Court's Decision on the Ulsan Law Firm's Arguments
Accepting the Ulsan law firm's arguments, the court imposed a ‘suspended sentence’.
If You Need the Help of an Ulsan Attorney
At Daeryun Law Firm, attorneys experienced in criminal matters jointly handle criminal cases, allowing the firm to respond to criminal cases with greater expertise.
Daeryun Law Firm responds to cases drawing on its many resolved cases.
If you need an attorney's assistance in a situation similar to the case above, please reach out to Daeryun Law Firm, which offers consultation and urgent response 365 days a year, 24 hours a day.
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.
