CONTENTS
- 1. The Client Who Visited the Suncheon Law Office
- - The Detailed Circumstances Identified at the Suncheon Law Office
- - Relevant Laws Explained by the Suncheon Law Office
- 2. Suncheon Law Office: Assistance to Defend Against an immediate custodial sentence for the Client
- - Suncheon Law Office: The Client Reached a Settlement with All of the Victims
- - Suncheon Law Office: The Client Is a First-Time Offender with No Risk of Reoffending
- - Suncheon Law Office: The Client Is Experiencing Psychological Difficulties
- 3. Suncheon Law Office: Assisting the Client to Defend Against an immediate custodial sentence Through a Suspended Sentence
1. The Client Who Visited the Suncheon Law Office
The client who visited the Suncheon attorney's office and consulted with a traffic accident attorney had caused a traffic accident due to speeding, which ultimately resulted in the deaths of two victims, and was fearful that he would be subject to an immediate custodial sentence.
The Detailed Circumstances Identified at the Suncheon Law Office
While the client was driving with friends on board, in conditions that had grown dark due to the late hour, he committed a traffic signal violation and speeding.
He then belatedly noticed the presence of the other vehicle and hastily applied the brakes, but collided heavily with it.
After the accident, the client and his friends immediately called 119 and rushed to the other vehicle to administer emergency aid to the injured .
However, two victims ultimately died, and the matter was referred for criminal trial.
The client was placed at risk of an immediate custodial sentence under the Act on Special Cases concerning the Settlement of Traffic Accidents, and earnestly pleaded that he be spared an immediate custodial sentence.
Relevant Laws Explained by the Suncheon Law Office
The client caused a traffic accident through speeding. This falls under the 🔗12 Categories of Gross Negligence.
The 12 categories of gross negligence traffic accidents refer to the 12 gross negligence traffic accidents prescribed in the Act on Special Cases concerning the Settlement of Traffic Accidents. In these cases, even if the driver is covered by insurance, the driver is subject to criminal punishment.
▣ 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 crime under Article 268 of the 「Criminal Act」 as a result of a traffic accident, such person shall be punished by imprisonment without labor for up to five years or a fine of up to 20 million won.
▣ 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 up to five years or a fine of up to 20 million won.
2. Suncheon Law Office: Assistance to Defend Against an immediate custodial sentence for the Client
The Suncheon attorney's office conducted a thorough consultation in order to secure favorable sentencing factors, such as the circumstances at the time of the client's incident, and pleaded for lenient treatment before the court, arguing as follows.
Suncheon Law Office: The Client Reached a Settlement with All of the Victims
The client reached settlements respectively with all of the victims who had been passengers in the other vehicle, as well as with the bereaved family of the deceased victim.
He obtained a settlement agreement and a statement of no desire for punishment from each of the victims, and requested that these points be taken into consideration.
Suncheon Law Office: The Client Is a First-Time Offender with No Risk of Reoffending
The client is a very young man and had no criminal history of any kind prior to this accident.
The client is deeply remorseful in light of this accident, and his driver's license has been revoked as a result of a license revocation.
The client's parents emphasized that, even when a time comes at which the client could reacquire a driver's license, they intend to ensure that he cannot obtain one, so that there is no risk of reoffending.
Suncheon Law Office: The Client Is Experiencing Psychological Difficulties
After joining the military, the client was sent home due to circumstances such as depression, insomnia, and suicide attempts, and he is currently serving as a social service worker.
The hospital's diagnosis was "depressive disorder," together with an opinion noting borderline intellectual functioning and difficulty with impulse control.
Accordingly, it was requested that consideration be given to the point that this accident as well arose from the various mental difficulties from which the client had previously been suffering.
3. Suncheon Law Office: Assisting the Client to Defend Against an immediate custodial sentence Through a Suspended Sentence
As a result of the Suncheon attorney's office actively assisting the client and striving to defend against an immediate custodial sentence as far as possible, even though two victims of the traffic accident had died, a suspended sentence was successfully obtained.
If a Traffic Accident Has Resulted in a Fatality
If a settlement is reached with a traffic accident victim, criminal disposition may be avoided; however, if the victim has died, an immediate custodial sentence may be imposed even where a settlement has been reached upon receiving a statement of no desire for punishment.
Therefore, in addition to a settlement with the victim, we recommend consulting with an attorney experienced in such matters so that various factors for a reduction of sentence can be gathered.
Daeryun LLC has an investigation response team with extensive experience in police and prosecution investigations that does its utmost to assist clients placed at risk of criminal punishment due to a traffic accident.
If you need help, please visit Daeryun 🔗Suncheon attorney 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.
