CONTENTS
- 1. The Client's Situation
- 2. Gangneung Traffic Accident Attorney Explains Traffic Accident Causing Injury
- 3. Gangneung Traffic Accident Attorney Steps In to Defend the Client Against Punishment
- - Gangneung Traffic Accident Attorney Reaches a Settlement With the Victim
- 4. Gangneung Traffic Accident Attorney Leads to Dismissal of Prosecution
1. The Client's Situation
This is the account of the client.
While at work, the client received a call that an urgent matter had come up at home and got behind the wheel.
At the time, there was a speed bump ahead of the client, and an intersection lay just beyond the speed bump.
In his haste, the client proceeded at high speed and failed to notice the victim ahead, striking the victim's torso with the client's vehicle.
This accident caused the victim to sustain an injury requiring about 10 weeks of treatment,
and as a result, the client was indicted on charges of causing injury in a traffic accident.
2. Gangneung Traffic Accident Attorney Explains Traffic Accident Causing Injury
The Gangneung traffic accident attorney's client faced a charge of traffic accident causing injury. Causing injury refers to the offense of inflicting bodily injury on a person through a traffic accident.
A traffic accident causing injury is subject to the following punishment.
(1) If a driver of a vehicle commits an offense under Article 268 of the Criminal Act as a result of a traffic accident, the driver may be punished by imprisonment without labor for not more than five years or by a fine not exceeding 20 million won.
Criminal Act, Article 268 (Death or Injury Caused by Occupational or Gross Negligence)
A person who, through occupational negligence or gross negligence, causes the death of or injury to another person may be punished by imprisonment without labor for not more than five years or by a fine not exceeding 20 million won.
3. Gangneung Traffic Accident Attorney Steps In to Defend the Client Against Punishment
The Gangneung traffic accident attorney explored various approaches to defend the client against punishment, and one approach came to mind.
(2) A prosecution may not be instituted against the express will of the victim with respect to a driver who, through the operation of a vehicle, commits an offense of causing injury by occupational negligence or by gross negligence among the offenses under paragraph (1), or an offense under Article 151 of the Road Traffic Act.
Under the above provision, if a settlement was reached with the victim, the prosecution in this case itself could be dismissed.
However, the client explained that he had attempted a settlement several times but had failed, so the Gangneung traffic accident attorney took the matter on.
Gangneung Traffic Accident Attorney Reaches a Settlement With the Victim
The Gangneung traffic accident attorney found common ground between the victim and the client and undertook the settlement on the client's behalf.
The victim, who had continued to refuse a settlement, agreed to settle after the efforts of the Gangneung traffic accident attorney.
The victim then prepared and submitted a statement of no desire for punishment, stating that the victim did not wish for the client to be punished.
4. Gangneung Traffic Accident Attorney Leads to Dismissal of Prosecution
Through the Gangneung traffic accident attorney's strategy, the court issued a judgment dismissing the prosecution in this case.
The court explained that the facts charged in this case constituted an offense for which a prosecution may not be instituted against the express will of the victim, and that it would dismiss the prosecution in this case under Article 327, item 6 of the Criminal Procedure Act.
6. Where, in a case in which a prosecution may not be instituted against the express will of the victim, an expression of intent not to seek punishment is made, or an expression of intent to seek punishment is withdrawn
The client in this case faced imprisonment without labor for not more than five years or a fine not exceeding 20 million won on the charge of causing injury.
With the assistance of the Gangneung traffic accident attorney, the outcome of having the prosecution in the case dismissed altogether was achieved.
As in this case, the Gangneung traffic accident attorney finds the various approaches suited to a case and works toward a favorable outcome for the client.
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This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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