An Assistance Case of the Chuncheon Law Firm | With the Assistance of the Chuncheon Law Firm, a Fine for Charges of Hit-and-Run Causing Injury and Failure to Take Measures After an Accident

The client who visited the Chuncheon law firm was engaged in the freight transport business and was driving on the road on the day of the incident as well.

While driving along the road, the client became inattentive at an intersection and, failing to fulfill the duty of care, struck the rear of the victim's passenger vehicle.

The client should have immediately stopped and provided aid to the victim but instead fled the scene.

As a result of this incident, the victim's vehicle was damaged, and the victim sustained injuries requiring two weeks of treatment.

Ultimately, the client was charged with hit-and-run causing injury and failure to take measures after an accident, and requested the assistance of the Daeryun 🔗Chuncheon law firm.

The Chuncheon law firm explained hit-and-run causing injury and 🔗failure to take measures after an accident.

※ Hit-and-run causing injury

▶ Act on Aggravated Punishment of Specific Crimes, Article 5-3 (Aggravated Punishment of Drivers of Fleeing Vehicles)
(1) Where the driver of a vehicle who has committed the offense under Article 268 of the Criminal Act through the operation of an automobile, motorized bicycle, or tracked vehicle prescribed in Article 2 of the Road Traffic Act flees without taking the measures prescribed in Article 54 (1) of the Road Traffic Act, such as providing aid to the victim, the driver shall be subject to aggravated punishment according to the following classification:
1. Where the driver causes the death of the victim and flees, or where the victim dies after the driver flees, the driver shall be punished by imprisonment for life or for not less than five years.
2. Where the driver causes injury to the victim, the driver shall be punished by imprisonment for a definite term of not less than one year or by a fine of not less than 5 million won and not more than 30 million won.

(2) Where the driver who caused the accident flees after moving and abandoning the victim away from the scene of the accident, the driver shall be subject to aggravated punishment according to the following classification:
1. Where the driver causes the death of the victim and flees, or where the victim dies after the driver flees, the driver shall be punished by death, imprisonment for life, or imprisonment for not less than five years.
2. Where the driver causes injury to the victim, the driver shall be punished by imprisonment for a definite term of not less than three years.

※ Failure to take measures after an accident

▶ Violation of the Road Traffic Act, Article 54 (Measures at the Time of an Accident)
Where a person is killed or injured or property is damaged through the operation of a vehicle or other traffic, the driver of the vehicle or other crew member shall immediately stop and take the measures set forth in the following subparagraphs.

▶ Violation of the Road Traffic Act, Article 148 (Penalty Provisions)
A person who fails to take the measures at the time of a traffic accident under Article 54 (1) shall be punished by imprisonment for up to five years or a fine of up to 15 million won.

The client was suffering from conditions such as dementia and was in a state in which it was difficult to carry out daily life due to cognitive decline and impaired judgment.

The Chuncheon law firm argued that the client, being in a state of diminished capacity for judgment, would have found it difficult to make decisions.

The client visited the victim to apologize and paid a settlement amount.

The Chuncheon law firm argued that the victim had reached a settlement with the client and that a settlement agreement had been prepared.

The client who requested assistance from the Chuncheon law firm had been charged with hit-and-run causing injury and failure to take measures after an accident, but, through the assistance of a Daeryun Chuncheon attorney, received a fine.

At Daeryun LLC, you can consult directly with attorneys who have experience in court, prosecution, and police matters.

In the case of this offense, administrative dispositions such as civil liability for damages, license revocation, and license suspension may follow.

At Daeryun, specialists in each field provide assistance at every procedure and stage.

If you are involved in a situation such as the above, please feel free to proceed with a 🔗legal consultation at the Chuncheon law firm at any time.