CONTENTS
- 1. The Client's Situation
- - How the Client Came to Request the Attorney's Assistance
- - Laws Related to the Case, As Explained by the Law Office
- 2. How the Wonju Law Office Assisted
- - The Law Office's Argument 1 | An Amicable Settlement
- - The Law Office's Argument 2 | Not a Pedestrian
- - The Law Office's Argument 3 | Sincere Remorse
- 3. Result of the Wonju Law Office's Assistance, Dismissal of Prosecution
1. The Client's Situation
The client, facing the prospect of aggravated punishment for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, entrusted the case to the attorney.
How the Client Came to Request the Attorney's Assistance
This is the client's account, learned by the attorney through consultation.
On the day of the incident, the client was driving for delivery work and was making a right turn at a three-way intersection.
At that moment, a collision occurred with the victim, who was riding a bicycle across the crosswalk.
As a result of this accident, the victim sustained injuries requiring about 12 weeks of treatment.
Ultimately, the client, who faced the risk of punishment for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, entrusted the case to the law office and explained the situation in detail through consultation.
Laws Related to the Case, As Explained by the Law Office
🔗Act on Special Cases concerning the Settlement of Traffic Accidents If a violation is found, then under Article 3 (Special Cases concerning Punishment), the driver may be deemed to have committed an offense corresponding to Article 268 of the Criminal Act (occupational negligence causing injury).
In this case, the punishment may be imprisonment without labor for up to 5 years or a fine of up to 20 million won.
An important point is that it must be proven whether the case falls under one of the 12 categories of gross negligence and what the other party's proportion of fault is.
Because the level of punishment and the proportion of fault vary depending on the case, rather than responding hastily, it is important to resolve the matter carefully with the assistance of an experienced attorney.
※ Article 268 of the Criminal Act : 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 5 years or a fine of up to 20 million won.
2. How the Wonju Law Office Assisted
The attorney thoroughly examined the specific facts through detailed consultation with the client and then formulated a tailored strategy.
The Law Office's Argument 1 | An Amicable Settlement
The client deeply showed remorse for his wrongdoing and offered a sincere apology to the victim.
The attorney emphasized that the victim, in turn, accepted the client's apology and expressed that he did not wish for the client to be punished.
The Law Office's Argument 2 | Not a Pedestrian
The victim, who crossed the crosswalk while riding a bicycle, was not a pedestrian but merely a bicycle rider.
The attorney therefore emphasized that, under the facts charged, it was clear that the victim was not a pedestrian.
The Law Office's Argument 3 | Sincere Remorse
The client acknowledged all of his fault in this case, the occurrence of the accident, and the victim's injuries, and he deeply showed remorse for his wrongdoing.
The attorney also emphasized that the client promised to do his utmost to prevent any recurrence and pledged to pay even greater attention to safe driving in the future.
3. Result of the Wonju Law Office's Assistance, Dismissal of Prosecution
The court, accepting the law office's arguments, issued a judgment dismissing the prosecution in this case.
The client, satisfied with the result, came to the Wonju office and expressed thanks to the attorneys on several occasions.
If You Are Looking for a Law Office
The attorney accurately grasped the full context of the case and provided assistance by formulating a strategy suited to the client.
As a result, the client obtained a judgment dismissing the prosecution and avoided punishment.
Daeryun Law Firm assists clients through a variety of legal strategies, such as carefully analyzing all the specific circumstances of a case and pursuing an amicable settlement with the victim.
If you are facing difficulty defending against punishment in a situation similar to the case above, please come to the Wonju law office and entrust your case to us.
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.
