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Deals & Cases

Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (injury)

Cheongju Traffic Accident Attorney Assistance | With the Assistance of a Cheongju Traffic Accident Attorney, a Suspended Sentence for a Client in a Traffic Accident Causing Injury

The client, who sought a Cheongju traffic accident attorney, was a taxi driver who, while driving, caused a traffic accident at a crosswalk and turned to the traffic accident attorney at the Cheongju office while facing an upcoming trial.

CONTENTS
  • 1. How the Client Came to Seek a Cheongju Traffic Accident Attorney
    • - The Client Who Requested Assistance From a Cheongju Traffic Accident Attorney
    • - Laws Relevant to the Case Explained by a Cheongju Traffic Accident Attorney
  • 2. Matters of Assistance From the Cheongju Traffic Accident Attorney
    • - Cheongju Traffic Accident Attorney Argument I | An Attitude of Remorse
    • - Cheongju Traffic Accident Attorney Argument II | The Absence of Any Prior Record
    • - Cheongju Traffic Accident Attorney Argument III | Settlement With the Victim
  • 3. Result of the Cheongju Traffic Accident Attorney's Assistance: A “Suspended Sentence”

1. How the Client Came to Seek a Cheongju Traffic Accident Attorney

The client, who held a consultation with a Cheongju traffic accident attorney, was accused of striking and injuring a pedestrian in a traffic accident while driving, and visited the Cheongju office in order to reduce the punishment.

The Client Who Requested Assistance From a Cheongju Traffic Accident Attorney

청주교통사고변호사

This is the account of a client who requested the assistance of a Cheongju traffic accident attorney.

The client worked as a taxi driver, engaged in driving duties.

On the day of the incident, the client was passing a crosswalk that had no traffic signal.

The client failed to notice a person crossing the road and struck the pedestrian.

The pedestrian sustained injuries, including fractures requiring 12 weeks of treatment as a result of the accident, and the client came to face trial on suspicion of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

As the head of a household, the client requested the help of a Cheongju traffic accident attorney in order to avoid an actual custodial sentence.

Laws Relevant to the Case Explained by a Cheongju Traffic Accident Attorney

This case is governed by the🔗Act on Special Cases concerning the Settlement of Traffic Accidents, and the following provisions apply.

▶ Act on Special Cases concerning the Settlement of Traffic Accidents, Article 1 (Purpose)

The Act on Special Cases concerning the Settlement of Traffic Accidents has as its purpose, by establishing special cases concerning the criminal punishment of drivers who cause traffic accidents through occupational negligence or gross negligence, to promote the prompt recovery of damage caused by traffic accidents and to enhance the convenience of national life.

▶ Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (Special Cases concerning Punishment)

① Where the driver of a vehicle commits an offense under Article 268 of the 「Criminal Act」 as a result of a traffic accident, such person shall be punished by imprisonment without labor for not more than 5 years or a fine not exceeding 20 million won.

※ Criminal Act, Article 268 : 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 5 years or a fine not exceeding 20 million won.

2. Matters of Assistance From the Cheongju Traffic Accident Attorney

The Cheongju traffic accident attorney formed a task force with experienced attorneys and reviewed the case.

Because the degree of the victim's injuries was severe, the situation was unfavorable to the client.

Gathering grounds relevant to sentencing, the attorney earnestly requested leniency for the client on the following grounds.

Cheongju Traffic Accident Attorney Argument I | An Attitude of Remorse

Although the client was aware of the obligation to slow down at the crosswalk and to stop temporarily in order to protect pedestrians, the client deeply blames himself and is remorseful for having caused harm.

The attorney emphasized that, along with a pledge to live by observing even minor laws and rules from now on, the client had prepared a written pledge of law-abiding conduct and was making substantial efforts to prevent reoffending.

Cheongju Traffic Accident Attorney Argument II | The Absence of Any Prior Record

The client obtained a driver's license about 10 years ago and, until this case, had never caused any traffic accident or violated any traffic laws.

The attorney also emphasized that the client had no other record of criminal punishment and no criminal history of any kind, including any prior offense of the same type.

Cheongju Traffic Accident Attorney Argument III | Settlement With the Victim

In addition to the civil settlement amount, the client paid the victim a separate criminal settlement amount.

The client also visited the victim several times to express an apology, and the victim stated that the victim did not wish for the client to be punished.

Accordingly, the Cheongju traffic accident attorney earnestly requested leniency, emphasizing that the client and the victim had reached an amicable settlement.

3. Result of the Cheongju Traffic Accident Attorney's Assistance: A “Suspended Sentence”

The court, accepting the arguments of the Cheongju traffic accident attorney, rendered the following judgment: “The defendant shall be sentenced to 6 months of imprisonment without labor. However, the execution of the above sentence shall be suspended for 1 year from the date this judgment becomes final.

※ Imprisonment without labor is a penalty that confines the convicted person within a correctional facility and deprives them of physical liberty but, unlike imprisonment with labor, does not compel labor.

If You Have Caused Harm in a Traffic Accident

In this case, a client who had caused serious bodily injury to a victim in a traffic accident avoided an actual custodial sentence with the assistance of a Cheongju traffic accident attorney.

As such, if harm has been caused in a traffic accident, it is advisable to proceed with the settlement and trial together with an attorney without delay.

At Daeryun LLC, 🔗traffic accident attorneys form a task force dedicated to each client and approach the case strategically with a view to reducing the sentence.

If you wish to reduce the punishment in a situation such as the case above, you are welcome to entrust the matter to the Cheongju traffic accident attorney of Daeryun LLC.

청주교통사고변호사

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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