CONTENTS
- 1. The Client Who Came to the Tongyeong Criminal Attorney
- - The Circumstances of the Traffic Accident Case
- 2. Relevant Statutes Explained by the Tongyeong Criminal Attorney
- 3. The Tongyeong Criminal Attorney's Assistance
- - Traffic Accident Case: Arguing That the Client Acknowledged the Entire Offense
- - Traffic Accident Case: Arguing That Acquaintances Were Petitioning for Leniency
- - Traffic Accident Case: Arguing That the Client Was Making Efforts on His Own to Prevent Reoffending
- 4. The Court's Decision on the Tongyeong Criminal Attorney's Arguments
- - If You Need the Assistance of a Tongyeong Criminal Attorney
1. The Client Who Came to the Tongyeong Criminal Attorney
The client who came to the Tongyeong criminal attorney requested a consultation with the criminal attorney at the Tongyeong office in order to resolve the case with the assistance of an attorney specializing in traffic accidents.
The Circumstances of the Traffic Accident Case
As a person engaged in the business of driving, the client had an occupational duty of care to look carefully in all directions and to operate the steering and braking systems accurately so as to prevent accidents.
Having neglected this duty, the client failed to notice the victim's electric mobility scooter, which was crossing the crosswalk, and 🔗collided with it directly with the vehicle.
As a result of the collision, the victim sustained a serious fracture injury requiring approximately 14 weeks of treatment.
In order to reduce the sentence as much as possible with the assistance of an attorney specializing in this area, the client held a consultation with the Tongyeong criminal attorney.
2. Relevant Statutes Explained by the Tongyeong Criminal Attorney
Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (Special Cases concerning Punishment)
(1) Where the driver of a vehicle commits the offense under Article 268 of the Criminal Act (death or injury caused by occupational or gross negligence) as a result of a traffic accident, the driver shall be punished by imprisonment without labor for not more than five years or a fine not exceeding twenty million won.
(2) With respect to a driver who, through the operation of a vehicle, commits the offense of causing injury by occupational negligence or the offense of causing injury by gross negligence among the offenses under Paragraph 1, as well as the offense under Article 151 of the Road Traffic Act, a public prosecution may not be instituted against the explicit will of the victim.
However, this shall not apply where the driver of a 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, Paragraph 1 of the Road Traffic Act, such as providing relief to the victim, or flees after moving the victim away from the scene of the accident and abandoning the victim; where the driver commits the same offense and, in violation of Article 44, Paragraph 2 of the Road Traffic Act, fails to comply with a demand for a sobriety test (excluding cases where the driver requests or consents to a blood test); and where the driver commits the same offense as a result of any of the acts falling under any of the following subparagraphs.
Criminal Act, Article 268 (Death or Injury Caused by Occupational or Gross Negligence)
A person who causes the death or injury of another through occupational negligence or gross negligence shall be punished by imprisonment without labor for not more than five years or a fine not exceeding twenty million won.
3. The Tongyeong Criminal Attorney's Assistance
The Tongyeong criminal attorney established a careful strategy in order to obtain a suspended sentence in the client's case. The attorney presented the following arguments in the defense.
Traffic Accident Case: Arguing That the Client Acknowledged the Entire Offense
The defense emphasized that, from the investigation stage onward, the client fully acknowledged and regretted the fact that he had injured the victim through his own fault.
Traffic Accident Case: Arguing That Acquaintances Were Petitioning for Leniency
The defense emphasized that the client's acquaintances, expressing their concern that he was ordinarily a kind-hearted person who put others first, were earnestly hoping for leniency for the client.
Traffic Accident Case: Arguing That the Client Was Making Efforts on His Own to Prevent Reoffending
The defense emphasized that the client, deeply aware that an accident can always occur in connection with driving a vehicle, had resolved never to repeat a mistake such as this one.
4. The Court's Decision on the Tongyeong Criminal Attorney's Arguments
The court accepted the arguments of the Tongyeong criminal attorney and imposed a suspended sentence.
If You Need the Assistance of a Tongyeong Criminal Attorney
In criminal cases, the initial response is important, so the assistance of an attorney specializing in criminal matters can be essential.
Daeryun Law Firm forms a team of attorneys specializing in criminal matters, ranging from 3 to 20 members according to the scale of the case, and presents a reasonable and appropriate 🔗criminal case strategy.
In addition, we operate a system that allows for consultation and prompt response 24 hours a day, 365 days a year. If you need the assistance of an attorney specializing in this area, please reach out to Daeryun at any time.
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.
