Jeonju Law Firm | Obtaining a No Prosecution Disposition for the Crime of Hit-and-Run Causing Injury with the Assistance of the Jeonju Law Firm

The Jeonju law firm examined the detailed circumstances.

While the client was driving to a hospital to receive medical treatment, he made a left turn without realizing that a person was there and collided with the victim.

The client was very flustered, but in order to first check the victim's condition he shook the victim to wake him, and after confirming that the victim was conscious, he asked a woman who was passing by to call 119.

However, the 119 rescue crew who arrived advised the client, who wished to accompany the victim to the hospital, not to board the ambulance.

As it turned out, the rescue crew had recognized the situation at the time as a fall and had advised him not to accompany them.

So the client left the scene as he was.

However, after the victim's son checked the CCTV, the client came to be accused of hit-and-run causing injury.

A case in which a person causes a traffic accident and leaves the accident scene without taking any follow-up measures, as with the client above, is called 🔗failure to take measures after an accident (hit-and-run).

▣ Road Traffic Act Article 54 (Measures upon the Occurrence of an Accident)

(1) Where a person has been killed or injured or property has been damaged due to traffic such as the operation of a vehicle or tram, the driver of that vehicle or tram or other crew member shall immediately stop and take the measures under the following subparagraphs.

- Necessary measures such as providing aid to the casualties
- Provision of personal information (meaning name, telephone number, address, and the like) to the victim

“The phrase ‘fleeing without taking the measures under Article 50 (1) of the Road Traffic Act (meaning the current Article 54 (1) of the Road Traffic Act), such as providing aid to the victim, as set forth in Article 5-3 (1) of the Act on Aggravated Punishment of Specific Crimes’ refers to a case in which the driver involved in the accident, despite recognizing that the victim was killed or injured as a result of the accident, leaves the accident scene before performing the duties prescribed in Article 50 (1) of the Road Traffic Act, such as providing aid to the victim, thereby creating a state in which it cannot be confirmed who caused the accident.”

- Supreme Court, Judgment of September 13, 1994, 94Do1850

The client suffers from Parkinson's disease and is in a state of diminished cognitive ability, so that there are circumstances making it difficult for him to make quick judgments about situations. Moreover, when a traffic accident occurs, even an ordinary person finds it difficult to assess the situation, and the client found it even more difficult to respond to the situation.

Even so, the attorney argued that immediately after striking the victim the client stopped, promptly got out of the vehicle to check the victim's condition, and even reported the matter to 119.

The client thought that, since he had called 119, notification would naturally also reach 112.

Moreover, the victim was an acquaintance residing in the same neighborhood as the client and a person he had known for a long time, so that his identity was clear; the client therefore did not think that leaving the scene as he did would amount to a ‘hit-and-run.’

The client is currently enrolled in liability insurance and paid the victim's medical expenses and the like through the insurance. The attorney also emphasized that the client continuously apologized to the victim and that, after the victim amicably reached a settlement with the client, the victim submitted a settlement agreement and a statement of no desire for punishment.

Daeryun LLC provides comprehensive legal services to clients experiencing difficulty due to traffic accidents, through a task force of three to twenty experts composed of specialists in the field of drunk driving and traffic accidents.

Daeryun holds numerous 🔗cases of no prosecution dispositions for hit-and-run, so if you need help, we invite you to seek out the 🔗Daeryun Jeonju office.