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Deals & Cases

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

Traffic Accident Specialist Attorney in Chuncheon | Defense of a Client Who Caused Injury to a Victim by Driving on a Yellow Signal, Resulting in No Prosecution

The Chuncheon traffic accident specialist attorney represented a client who was alleged to have caused injury to a victim by driving through a yellow light. The Chuncheon traffic accident attorney's client received a no prosecution disposition.

CONTENTS
  • 1. The Client Who Sought a Traffic Accident Specialist Attorney in Chuncheon
  • 2. The Charge Against the Client of the Traffic Accident Specialist Attorney in Chuncheon
  • 3. The Traffic Accident Specialist Attorney in Chuncheon's Defense of the Client
    • - Analysis of the Dashcam Footage From the Client's Vehicle by the Traffic Accident Specialist Attorney in Chuncheon
    • - The Duty of Care of the Client of the Traffic Accident Specialist Attorney in Chuncheon
  • 4. Chuncheon Traffic Accident Attorney | Disposition for the Client

1. The Client Who Sought a Traffic Accident Specialist Attorney in Chuncheon

This is the account of the client who turned to the Chuncheon traffic accident specialist attorney.

The client of the Chuncheon traffic accident specialist attorney was alleged to have caused injury to a victim by driving through a yellow light.

The client explained that he had a wife who was full term in her pregnancy and asked for help in avoiding a sentence of imprisonment.

In order to grant the client's request, the Chuncheon traffic accident specialist attorney listened to how the incident had occurred.

The client had been driving in the fourth lane. Before entering the intersection, he changed into the third lane and intended to exit the intersection, but just before doing so, the traffic light changed to a yellow signal.

The client of the Chuncheon traffic accident specialist attorney continued driving in order to clear the intersection quickly, but the victim's vehicle suddenly attempted a U-turn and collided with the client's vehicle.

The victim sustained injuries requiring two weeks of treatment, and as a result the client came to face this case on the charge of causing injury under the Act on Special Cases concerning the Settlement of Traffic Accidents.

2. The Charge Against the Client of the Traffic Accident Specialist Attorney in Chuncheon

The precise charge against the client of the Chuncheon traffic accident specialist attorney was occupational negligence causing injury, because the Criminal Act treats driving a vehicle as one form of an occupational duty.

Under the Act on Special Cases concerning the Settlement of Traffic Accidents, the client faced the risk of being subject to imprisonment without labor for up to five years or a fine of up to 20 million won.

■🔗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 due to a traffic accident, he or she shall be punished by imprisonment without labor for up to five years or by a fine of up to 20 million won.

■Criminal Act Article 268 (🔗Occupational or Gross Negligence Resulting in Death or Injury)

A person who causes the death or injury of another through occupational negligence or gross negligence shall be punished by imprisonment without labor for up to five years or by a fine of up to 20 million won.

3. The Traffic Accident Specialist Attorney in Chuncheon's Defense of the Client

In order to help the client avoid a sentence of imprisonment, the Chuncheon traffic accident specialist attorney mounted a defense as follows.

Analysis of the Dashcam Footage From the Client's Vehicle by the Traffic Accident Specialist Attorney in Chuncheon

The Chuncheon traffic accident specialist attorney decided to analyze the dashcam footage from the client's vehicle in collaboration with the Evidence Investigation and Digital Forensics Group of Daeryun LLC.

The results of the Evidence Investigation and Digital Forensics Group's analysis of the accident based on the dashcam footage were as follows.

As the client of the Chuncheon traffic accident specialist attorney had stated, the client changed into the third lane before entering the intersection, and just before exiting the intersection the traffic light changed to a yellow signal, so he drove through quickly.

It was confirmed that the victim's vehicle had been waiting at the signal in the first lane on the opposite side and suddenly attempted a U-turn without even activating its turn signal.

The Duty of Care of the Client of the Traffic Accident Specialist Attorney in Chuncheon

If the client of the Chuncheon traffic accident specialist attorney had stopped his vehicle in response to the yellow signal, there was a possibility that the client's vehicle would have come to a halt in the middle of the intersection.

In addition, the victim made a U-turn in violation of the signal, so even if the client had stopped immediately upon noticing that vehicle, it would have been difficult to prevent the accident in this case.

Accordingly, the fact that the client of the Chuncheon traffic accident specialist attorney drove through the yellow signal should not be judged to be a traffic signal violation or a breach of the duty of care.

4. Chuncheon Traffic Accident Attorney | Disposition for the Client

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After hearing the arguments of the Chuncheon traffic accident specialist attorney, the prosecution issued a no prosecution disposition for the client.

Because the client had caused, through his own negligence, an injury to the victim requiring about two weeks of treatment, it appeared likely that he would be subject to a sentence of imprisonment.

However, with the assistance of the Chuncheon traffic accident specialist attorney, the case was able to be concluded with a no prosecution disposition at the prosecution stage.

At Daeryun LLC, when necessary, we collaborate with the Evidence Investigation and Digital Forensics Group to collect and analyze evidence that can lead to a favorable outcome at the police and prosecution investigation stages.

If there are those who find themselves in a situation like that of the client in this case, please reach out to the 🔗Chuncheon law firm Daeryun traffic accident specialist attorney and entrust your case.

춘천교통사고전문변호사 | 황색 신호에 차량 운행해 상해 피해자 발생 시킨 의뢰인 변호해 불기소

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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