Ilsan Criminal Case Attorney | Defends Client in a Violation of the Road Traffic Act, Preventing Criminal Punishment

This is the case of a client who consulted an Ilsan criminal defense attorney.

The client stated that he had violated the Road Traffic Act, and the facts of the alleged offense were as follows.

While driving a vehicle that he owned, the client neglected his duty to drive safely and struck the rear bumper of the victim's vehicle ahead of him with the front bumper of his own vehicle, causing damage.

The client then left the scene without taking the necessary measures.

The charge against the client was failure to take measures after an accident.

■Road Traffic Act, Article 54 (Measures at the Time of an Accident)

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

1. Necessary measures, such as providing aid to the casualties

2. Providing the victim with personal information (referring to the name, telephone number, address, and the like; the same shall apply in Article 148 and Article 156, subparagraph 10 hereinafter)

🔗Failure to take measures after an accident refers to failing to properly take the necessary measures even after causing a traffic accident. Under the Road Traffic Act, the measures that a person who has caused a traffic accident must take are prescribed by law.

■Road Traffic Act, Article 148 (Penalty Provisions)

A person who has failed to take the measures at the time of a traffic accident under Article 54 (1) (excluding a person who, where it is clear that only a parked or stopped vehicle was damaged, has failed to provide the victim with personal information under Article 54 (1) 2) shall be punished by imprisonment for not more than five years or by a fine not exceeding 15 million won.

In the case of failure to take measures after an accident, the offender is subject under the Road Traffic Act to imprisonment for not more than five years or a fine not exceeding 15 million won.

The Ilsan criminal defense attorney advanced the following arguments on behalf of the client.

After hearing the arguments of the Ilsan criminal defense attorney, the court rendered the following judgment in the client's case.

The defendant shall be sentenced to one year of imprisonment.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final.

With the assistance of the Ilsan criminal defense attorney, the client was able to defend against criminal punishment.

In fact, the client had a prior record of being subject to a fine as criminal punishment for drunk driving, and given this record, a sentence of imprisonment appeared unavoidable.

However, through the work of the Ilsan criminal defense attorney, this outcome was reached.

In cases such as that of the client in this matter, where a person has violated the Road Traffic Act, the Ilsan criminal defense attorney systematically analyzes the causes and responsibility in order to work toward a favorable outcome.

If you have violated the Road Traffic Act, a prompt response is the first step toward resolving the matter. If a response is needed, please consult a criminal defense attorney at the Ilsan office of Daeryun Law Firm.