Traffic Accident Attorney Defense Case | Traffic Accident Attorney Concludes a Hit-and-Run Case With a Suspended Sentence

The client who visited the traffic accident attorney was facing a lawsuit on charges including violation of the Act on Aggravated Punishment of Specific Crimes for committing a hit-and-run.

The client had promised to pick up their child at the time the child's academy class ended.

Because road repair work on the road the client traveled every day required a detour by another route, the client grew anxious thinking of the waiting child.

Already late for the appointed time, the client ended up making an illegal U-turn.

As the U-turn gained speed and the client's car crossed the center line, an accident occurred in which a person riding a bicycle was struck.

Greatly flustered, the client left the scene without taking measures after the accident, which led to the impending lawsuit.

The client therefore visited Daeryun in order to obtain the assistance of a traffic accident attorney and defend against the lawsuit.

▶ Act on Aggravated Punishment of Specific Crimes Article 5-3 (Aggravated Punishment of Drivers of Fleeing Vehicles)

(1) Where the driver of a motor vehicle, etc. who has committed an offense under Article 268 of the Criminal Act through the traffic of a motor vehicle or motorized bicycle under Article 2 of the "Road Traffic Act," or construction machinery other than the construction machinery under the proviso to Article 26(1) of the "Construction Machinery Management Act," flees without taking measures under Article 54(1) of the "Road Traffic Act," such as rescuing the victim, such driver shall be subject to aggravated punishment according to the following classifications.

1. 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 five years.

2. Where the driver causes injury to the victim, the driver shall be punished by imprisonment for a definite term of at least one year or a fine of not less than 5 million won and not more than 30 million won.

▶ Road Traffic Act Article 54 (Measures in Case of an Accident)

(1) Where a person is killed or injured or property is damaged by the traffic of a vehicle or tram, the driver or other crew member of the vehicle or tram shall immediately stop and take the following measures.

1. Necessary measures such as rescuing the casualties

▶ Road Traffic Act Article 148 (Penalty Provisions)

A person who fails to take the measures in the event of a traffic accident under Article 54(1) shall be punished by imprisonment for not more than five years or a fine of not more than 15 million won.

▶ Criminal Act Article 268 (Death or Injury 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 of not more than 20 million won.

The traffic accident attorney argued that the client had reached an amicable settlement with the victim.

The client visited the victim, who had been injured due to the client's poor judgment, and sincerely sought forgiveness.

Moved by the client's sincere attitude, the victim forgave the client, and they were able to reach an amicable settlement.

The traffic accident attorney submitted the victim's statement of no wish to punish as supporting material for the above argument.

The traffic accident attorney argued that the client was making efforts to prevent reoffending, such as voluntarily completing traffic safety education.

The client blamed themselves for having committed the hit-and-run and resolved never to repeat the same mistake.

The client even disposed of the vehicle they had owned in order not to drive until their driving habits improved.

The traffic accident attorney emphasized that the client had no prior record of criminal punishment whatsoever and requested leniency.

The traffic accident attorney was visited by a client who sought assistance in defending against a lawsuit involving a violation of the Act on Aggravated Punishment of Specific Crimes and related charges.

In response, Daeryun formed a case team of traffic accident attorneys experienced in hit-and-run litigation and assisted with the entire process, from the legal consultation through the conclusion of the lawsuit.

As a result of the case, the court accepted the traffic accident attorney's arguments and sentenced the client to a suspended sentence.

If there is anyone who needs to defend against a hit-and-run lawsuit as in the situation above, please 🔗visit Daeryun Law Firm for a consultation.