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Deals & Cases

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

Assistance of a Pohang Traffic Accident Attorney | With the Assistance of a Pohang Traffic Accident Attorney, a Client Charged With Traffic Accident Injury Received a Decision of No Right to Prosecute

The client, who was charged with a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents resulting in injury, sought a Pohang traffic accident attorney to defend against punishment.

CONTENTS
  • 1. How the Client Came to Seek a Pohang Traffic Accident Attorney
    • - The Client Who Requested the Assistance of a Pohang Traffic Accident Attorney
    • - The Laws Relevant to the Case, Explained by a Pohang Traffic Accident Attorney
  • 2. The Assistance Provided by the Pohang Traffic Accident Attorney
    • - The Pohang Traffic Accident Attorney's Assistance ① | Denial of the Alleged Facts
    • - The Pohang Traffic Accident Attorney's Assistance ② | Emphasis on the Victim's Fault
  • 3. The Result of the Pohang Traffic Accident Attorney's Assistance, “No Right to Prosecute”

1. How the Client Came to Seek a Pohang Traffic Accident Attorney

The client, facing a prosecutorial investigation following a vehicle collision, requested the assistance of a Pohang traffic accident attorney in order to defend against punishment.

The Client Who Requested the Assistance of a Pohang Traffic Accident Attorney

This is the account of the client who requested the assistance of a Pohang traffic accident attorney.

On the day of the incident, the client was driving to a meeting place.

While the client was making a U-turn at a permitted U-turn zone, a collision occurred with a vehicle coming from the opposite direction.

Because the other vehicle had violated a traffic signal, the client believed that the other vehicle bore the greater share of the fault.

However, on the ground that the client had crossed the center line while making the U-turn, the client was also found to be at fault and came under investigation for 🔗the Act on Special Cases concerning the Settlement of Traffic Accidentsresulting in injury.

To defend against this, the client came to a Pohang traffic accident attorney and requested assistance.

The Laws Relevant to the Case, Explained by a Pohang Traffic Accident Attorney

The Act on Special Cases concerning the Settlement of Traffic Accidents is a special act provided separately from the Road Traffic Act.

Most 🔗traffic accident disputesare handled under the Act on Special Cases concerning the Settlement of Traffic Accidents.

The client's case as well involved an impending investigation for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

A violation of the Act on Special Cases concerning the Settlement of Traffic Accidents resulting in injury is governed by the following laws.

▶ Act on Special Cases concerning the Settlement of Traffic Accidents, Article 1 (Purpose)

The purpose of the Act on Special Cases concerning the Settlement of Traffic Accidents is to promote the prompt recovery of damage caused by traffic accidents and to enhance the convenience of citizens' lives by providing special cases concerning the criminal punishment of drivers who cause traffic accidents through occupational negligence or gross negligence.

▶ Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (Special Cases concerning Punishment)

① If a driver of a vehicle commits the offense under Article 268 of the 「Criminal Act」 by causing a traffic accident, the driver is punishable by imprisonment without labor for not more than 5 years or a fine not exceeding 20 million won.

※ Criminal Act, Article 268 : A person who, through occupational negligence or gross negligence, causes the death of or injury to another is punishable by imprisonment without labor for not more than 5 years or a fine not exceeding 20 million won.

2. The Assistance Provided by the Pohang Traffic Accident Attorney

The Pohang traffic accident attorney formed a task force composed of professionals in the relevant field and examined the case closely.

To defend against punishment, the attorney then gathered the factors that would work in the client's favor and provided the following assistance.

The Pohang Traffic Accident Attorney's Assistance ① | Denial of the Alleged Facts

This case proceeded on the premise that the victim's injury resulted from the client's fault in crossing the center line.

However, although the client acknowledges crossing the center line, there is no causal relationship between that act and the victim's injury.

On this argument, the Pohang traffic accident attorney denied the facts alleged against the client.

The Pohang Traffic Accident Attorney's Assistance ② | Emphasis on the Victim's Fault

The client made the U-turn in an area where both U-turns and left turns are permitted, and proceeded with the U-turn after the signal for the vehicle ahead had turned yellow.

In contrast, the victim drove straight through in the opposite lane in violation of the traffic signal.

The attorney therefore emphasized that, had the victim not entered in violation of the signal, this accident would not have occurred or would not have resulted in injury.

3. The Result of the Pohang Traffic Accident Attorney's Assistance, “No Right to Prosecute”

Accepting the Pohang traffic accident attorney's argument, the prosecution ultimately issued a decision of "no right to prosecute" regarding the client's charge.

If You Are Charged With a Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents

The case above was one in which a client charged with a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents successfully defended against punishment with the assistance of a Pohang traffic accident attorney.

If you are facing an investigation after causing a traffic accident, it can be advantageous to have an attorney experienced in this area accompany you from the investigation stage so that you do not make statements that are unfavorable to you.

At Daeryun Law Firm, attorneys experienced in this area, with an average of more than 10 years of practice, accompany and respond alongside the client directly from the investigation stage through to resolution, providing close assistance.

If you are in a situation that requires a defense against punishment, as in the case above, please feel free to entrust your case to a Pohang traffic accident attorney at Daeryun Law Firm.

포항교통사고변호사

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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