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Deals & Cases

Occupational negligence causing injury

Jeju Traffic Accident Attorney | Defending a Client Charged With Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and Obtaining a No Referral Disposition

The Jeju traffic accident attorney represented a client who came to the traffic accident attorney after being charged with a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents. This is an account in which, through the representation by the Jeju traffic accident attorney, a no-referral disposition by the police was obtained.

CONTENTS
  • 1. The Client Who Sought a Jeju Traffic Accident Attorney
    • - The Victim's Arguments in the Case of the Jeju Traffic Accident Attorney's Client
  • 2. The Act on Special Cases concerning the Settlement of Traffic Accidents as Examined by the Jeju Traffic Accident Attorney
  • 3. The Client Defense Undertaken by the Jeju Traffic Accident Attorney
    • - The Jeju Traffic Accident Attorney's Client Was Driving in Accordance With the Flow of Traffic
    • - The Jeju Traffic Accident Attorney's Client Could Not Have Foreseen the Accident
  • 4. The Disposition Received by the Jeju Traffic Accident Attorney's Client

1. The Client Who Sought a Jeju Traffic Accident Attorney

The client who came to the Jeju traffic accident attorney entrusted the defense of the case to Daeryun LLC after being accused of violating the Act on Special Cases concerning the Settlement of Traffic Accidents.

The traffic accident attorney set out to understand the client's case in order to provide a defense.

The client faced an allegation that, while driving, the client had recklessly cut in front of the other vehicle, posed a threat, and caused a traffic accident that injured the driver of that vehicle.

However, the client represented by the Jeju traffic accident attorney denied all of the alleged facts.

The client stated that, after turning on the turn signal to change into the lane in which the other vehicle was traveling and having nearly completed entering that lane, the other vehicle suddenly sounded its horn and accelerated rapidly, striking the rear bumper of the client's vehicle with its front bumper.

Accordingly, the client represented by the Jeju traffic accident attorney argued that this incident was not a matter of suddenly cutting in front of the other vehicle, but rather a traffic accident that occurred while the other vehicle accelerated rapidly and obstructed the client's lane change.

The Victim's Arguments in the Case of the Jeju Traffic Accident Attorney's Client

The owner of the other vehicle, who reported the client represented by the Jeju traffic accident attorney, made the following assertions.

The owner asserted that the client had been following behind the other vehicle, recklessly cut in front of the other vehicle as it changed lanes and proceeded, posed a threat, and committed assault, and that the client had therefore engaged in retaliatory driving.

2. The Act on Special Cases concerning the Settlement of Traffic Accidents as Examined by the Jeju Traffic Accident 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 crime under Article 268 of the Criminal Act as a result of a traffic accident, the driver 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 (Occupational or Gross Negligence Resulting in Death or Injury) A person who, through occupational negligence or gross negligence, causes the death of or injury to another shall be punished by imprisonment without labor for up to five years or a fine of up to 20 million won.

The client represented by the Jeju traffic accident attorney faced the risk of being punished by imprisonment without labor for up to five years or a fine of up to 20 million won if the alleged facts were established.

3. The Client Defense Undertaken by the Jeju Traffic Accident Attorney

The Jeju traffic accident attorney undertook the defense for the client as follows.

The Jeju Traffic Accident Attorney's Client Was Driving in Accordance With the Flow of Traffic

The client represented by the Jeju traffic accident attorney had not at all engaged in any conduct of recklessly closing in on and pressuring the other vehicle, and had merely driven in accordance with the flow of traffic at the time.

The client watched both the front and the rear from the moment of attempting the lane change until immediately before the accident, and also activated the turn signal before changing lanes.

The client represented by the Jeju traffic accident attorney changed lanes only because sufficient space had opened up in front of the other vehicle to permit a lane change, and had no intention whatsoever of engaging in retaliatory driving.

The Jeju Traffic Accident Attorney's Client Could Not Have Foreseen the Accident

As examined above, the client represented by the Jeju traffic accident attorney changed lanes because there was sufficient space relative to the other vehicle.

However, this accident occurred because the other vehicle accelerated rapidly, and the client could not have foreseen the other vehicle's sudden acceleration.

Accordingly, this incident may be regarded as an accident that occurred not because of any retaliatory driving by the client represented by the Jeju traffic accident attorney, but because of the victim's sudden acceleration.

4. The Disposition Received by the Jeju Traffic Accident Attorney's Client

제주교통사고전문변호사-조력
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The police, having heard the arguments of the Jeju traffic accident attorney, issued a no-referral disposition with respect to the client.

This was thanks to the traffic accident attorney's demonstration that the client had no intent to cause the accident. A traffic accident can occur suddenly.

As with the client in this case, a situation can arise in which a person unjustly becomes a suspect even though the accident occurred due to the reckless acceleration of the other vehicle.

A prompt response is the first step toward resolving the matter. If you require the assistance of a Jeju traffic accident attorney, please reach out to a traffic accident attorney at 🔗Daeryun's Jeju law office to request assistance with your case.

제주교통사고전문변호사 | 교통사고처리특례법위반 의뢰인 변호해 불송치 처분 받아내

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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