CONTENTS
- 1. How the Client Came to the Wonju Law Firm
- - What Led the Client to the Wonju Law Firm
- - The Statutes Relevant to the Case, as Explained by the Wonju Law Firm
- 2. The Assistance Provided by the Wonju Law Firm
- - The Wonju Law Firm's Argument That the Client Was Deeply Remorseful
- - The Wonju Law Firm's Argument That a Settlement Had Been Reached With the Victim's Bereaved Family
- - The Wonju Law Firm's Argument That the Client Made Efforts to Prevent Reoffending
- 3. A Suspended Sentence Was Handed Down With the Wonju Law Firm's Assistance
- - If You Are Looking for a Wonju Law Firm
1. How the Client Came to the Wonju Law Firm
The client caused a traffic accident while driving, resulting in the death of the victim. The client sought help from a Wonju attorney in order to avoid a custodial sentence.
What Led the Client to the Wonju Law Firm
The client works as a truck driver.
On the day of the incident, the client was driving a truck.
While driving, the client came upon a crosswalk with no traffic light.
Driving inattentively, the client struck the victim, who was crossing the crosswalk.
As a result, the victim fell to the ground.
The victim, who was of advanced age, received treatment at the hospital but ultimately died.
The client, charged with causing the victim's death in a traffic accident, sought the assistance of a Wonju law firm.
The Statutes Relevant to the Case, as Explained by the Wonju Law Firm
The Wonju law firm explained the 🔗Act on Special Cases concerning the Settlement of Traffic Accidents.
The offense of causing death falls under the Act on Special Cases concerning the Settlement of Traffic Accidents, and a driver who causes a fatal traffic accident may be punished by imprisonment without labor for up to five years or a fine of up to 20 million won.
In the case of an injury accident, if the driver is enrolled in comprehensive automobile insurance and has reached a settlement with the victim, prosecution may not be brought, whereas
in the case of a fatal accident, the driver is punished if the driver's negligence is found, regardless of insurance enrollment or whether a settlement has been reached.
※ The Twelve Categories of Gross Negligence in traffic accidents refer to twelve types of traffic accidents arising from violations of traffic laws that a driver is expected to observe. They are set out in the current Act on Special Cases concerning the Settlement of Traffic Accidents and are subject to criminal punishment regardless of insurance enrollment.
▶The Twelve Categories of Gross Negligence Accidents
1. Violation of a traffic signal
2. Crossing the center line
3. Speeding more than 20 km/h over the limit
4. Violation of the method of overtaking, of prohibited times or places for overtaking, or of the prohibition on cutting in
5. Violation of the method for crossing a railroad crossing
6. Violation of the duty to protect pedestrians at a crosswalk
7. Driving without a license
8. Drunk driving
9. Driving onto a sidewalk
10. Violation of the duty to prevent passengers from falling
11. Violation of the duty to drive safely in a child protection zone
12. Driving without taking the measures necessary to keep cargo from falling
*Because the level of punishment may differ depending on individual circumstances, for an accurate review please obtain a 🔗legal consultation with an attorney.
2. The Assistance Provided by the Wonju Law Firm
After consulting with the client at the Wonju law firm, the Wonju attorney made the following arguments in order to protect the client from punishment.
The Wonju Law Firm's Argument That the Client Was Deeply Remorseful
The client deeply regretted the death of the victim and showed remorse.
The Wonju law firm argued that the client regretted having failed to drive with care.
The Wonju Law Firm's Argument That a Settlement Had Been Reached With the Victim's Bereaved Family
The client offered an apology to the victim's bereaved family and paid a settlement amount.
The Wonju law firm emphasized that the victim's bereaved family had forgiven the client and had prepared a statement requesting no punishment.
The Wonju Law Firm's Argument That the Client Made Efforts to Prevent Reoffending
In addition to the criminal settlement amount, the client paid a further sum to the victim's bereaved family and also enrolled in automobile insurance.
The Wonju law firm argued that the client had resolved never to reoffend.
3. A Suspended Sentence Was Handed Down With the Wonju Law Firm's Assistance
The client had caused a fatal traffic accident, but with the assistance of a Wonju attorney was able to receive a suspended sentence.
If You Are Looking for a Wonju Law Firm
The client caused a traffic accident at a crosswalk that resulted in the death of the victim. The client sought the assistance of a Wonju attorney and was able to receive a suspended sentence.
At Daeryun, attorneys oversee cases.
If you become involved in a traffic accident resulting in death, please visit a 🔗Wonju attorney who provides step-by-step assistance.
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.
