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Deals & Cases

Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents

Changwon Traffic Accident Specialist Attorney Assistance | Client Sent to Trial for Occupational Negligence Causing Death While Driving Defended Down to a Fine

The Changwon traffic accident specialist attorney defended a person engaged in driving duties who had been charged with occupational negligence causing death after a fatality resulted from a traffic accident, and succeeded in defending the case down to a fine.

CONTENTS
  • 1. The Client Who Sought a Changwon Traffic Accident Specialist Attorney
    • - The Client Consultation Conducted by the Changwon Traffic Accident Specialist Attorney
    • - Relevant Statutes Explained by a Changwon Traffic Accident Specialist Attorney
  • 2. Assistance From the Changwon Traffic Accident Specialist Attorney
    • - The Client Regrets the Wrongdoing and Is Deeply Remorseful
    • - The Client Did Not Violate Any Traffic Laws
    • - The Client Has Lived Very Diligently
  • 3. Result of the Changwon Traffic Accident Specialist Attorney's Assistance: Successful Defense Down to a “Fine”
    • - Occupational Negligence Causing Death by a Professional Driver Calls for the Help of an Attorney

1. The Client Who Sought a Changwon Traffic Accident Specialist Attorney

The client who came to the Changwon traffic accident attorney was a person engaged in driving as an occupation who, while driving, collided with a motorcycle rider ahead and caused the rider's death. Accordingly, he was in a situation in urgent need of the traffic accident attorney's assistance.

The Client Consultation Conducted by the Changwon Traffic Accident Specialist Attorney

Changwon traffic accident attorney
Click the image above to view the content regarding the fatal traffic accident.

To assist the client, the Changwon traffic accident attorney first listened to the detailed circumstances of the case.

The client, a taxi driver, was operating a taxi on the road when he failed to notice a motorcyclist ahead and caused a traffic accident by rear-ending the motorcycle.

The injured motorcyclist suffered a severe impact from the accident and was immediately transported to a hospital.

He ultimately died during treatment.

He therefore requested Daeryun's assistance, seeking to reach a settlement with the victim's side as far as possible so as to receive a lighter criminal punishment.

The Changwon traffic accident attorney said that he would do his utmost to assist the client in meeting his requests as far as possible.

Relevant Statutes Explained by a Changwon Traffic Accident Specialist Attorney

The key point was that the client's accident did not constitute one of the 12 categories of gross negligence traffic accidents arising from drunk driving, dangerous driving, or similar conduct.

🔗If it falls under one of the 12 categories of gross negligence traffic accidents, more severe punishment may apply.

Where a person holds automobile insurance, even for a gross negligence traffic accident, the insurance proceeds and criminal settlement support funds may be received and used.

However, drunk driving and driving without a license are exceptions.

▣ Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (Special Cases concerning Punishment)

① Where a driver of a vehicle commits an offense under Article 268 of the Criminal Act due to a traffic accident, the driver shall be punished by imprisonment without labor for not more than 5 years or a fine not exceeding 20 million won.

The client was a person engaged in driving duties as a taxi driver, and where a person engaged in driving duties causes a traffic accident, this constitutes occupational negligence causing death.

Unlike ordinary negligent infliction of death or injury, this applies where the act of causing injury to the victim occurs in the course of the actor's performance of duties.

▣ Criminal Act, Article 268 (Death or Injury Caused by Occupational or Gross Negligence)

A person who causes the death or injury of another by occupational negligence or gross negligence shall be punished by imprisonment without labor for not more than 5 years or a fine not exceeding 20 million won.

2. Assistance From the Changwon Traffic Accident Specialist Attorney

The Changwon traffic accident specialist attorney did its utmost to assist the client.

The attorney then argued before the court as follows and appealed for leniency.

The Client Regrets the Wrongdoing and Is Deeply Remorseful

Regardless of the circumstances of the case, the client acknowledges that, although as a driver he had a duty of care to prevent accidents in advance, there were shortcomings in this respect at the time of the incident, and he is deeply remorseful.

Accordingly, through a letter of apology written to the victim, he requested leniency as much as possible.

The Client Did Not Violate Any Traffic Laws

At the time of the incident, the accident scene was in the early hours of the morning with no streetlights and was very dark, and even the running light of the motorcycle was difficult to make out.

It was argued, however, that the client had not been speeding and had not committed any particular violation of the regulations.

The Client Has Lived Very Diligently

Before becoming a taxi driver, the client worked as a public official, performing duties diligently and living in a manner that contributed to society in an exemplary way.

The attorney requested that the court take into account the fact that the client had diligently contributed as a member of society over the years.

3. Result of the Changwon Traffic Accident Specialist Attorney's Assistance: Successful Defense Down to a “Fine”

As a result of a Changwon traffic accident specialist attorney actively assisting a client charged with occupational negligence causing death, the firm succeeded in defending against an actual custodial sentence and obtaining a "fine" instead.

The client came to the attorney immediately after the incident occurred, and because the request for assistance was made right away, defending against the sentence was comparatively easier.

Occupational Negligence Causing Death by a Professional Driver Calls for the Help of an Attorney

A person engaged in the driving profession who causes a traffic accident, as in the case of the client above, faces a charge of occupational negligence causing death, and the punishment for this is imposed more severely than for an ordinary traffic accident.

If the charge has already been established, a sensible approach to obtaining the lowest possible punishment is to reach an amicable settlement with the victim and seek leniency.

Proceeding with this together with a specialist attorney can make the process much smoother.

Daeryun Law Firm operates a Drunk Driving and Traffic Accident Response Group and actively assists clients facing difficulties related to 🔗fatal traffic accidents.

If you need assistance, please request a 🔗legal consultation at any time.

창원교통사고전문변호사 조력 | 운전 중 업무상과실치사로 재판에 넘겨진 의뢰인, 벌금형으로 방어

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.

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