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Deals & Cases

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

Seongnam Traffic Accident Attorney Assistance | A Traffic Accident Settlement Act Client Receives a Non-Referral Decision with a Seongnam Attorney's Assistance

The client sought a traffic accident attorney at the Seongnam office in a situation where, after causing a traffic accident, the client had left the scene and had a criminal complaint filed against them.

CONTENTS
  • 1. How the Client Came to Seek a Seongnam Traffic Accident Attorney
    • - The Client Who Requested Assistance over a Traffic Accident Case
    • - The Statutes Relevant to the Traffic Accident Case as Explained by the Seongnam Attorney
  • 2. The Assistance Provided by the Seongnam Traffic Accident Attorney
    • - The Seongnam Attorney's Argument ① | No Intent
    • - The Seongnam Attorney's Argument ② | The Vehicle's Speed
    • - The Seongnam Attorney's Argument ③ | Whether Injury Is Recognized
  • 3. The Seongnam Traffic Accident Attorney's Result, "No Right to Prosecute"

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

The client sought a traffic accident attorney at the Seongnam office to defend against punishment, facing a police investigation on charges of violating the Act on Special Cases concerning the Settlement of Traffic Accidents.

The Client Who Requested Assistance over a Traffic Accident Case

This is the situation of the client who requested assistance from a Seongnam traffic accident attorney.

On the day of the incident, the client stopped at a highway rest area on the way back from a business trip.

In a situation where the rest area was crowded and there were many vehicles, the client, who was trying to park, got into an argument with another vehicle.

When the other party became threatening, the client left the rest area as they were in order to avoid escalating the matter.

A few days later, the other party filed a criminal complaint against the client.

As a result, the client came to face charges of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, and, asserting their innocence, came to a Seongnam attorney to request assistance with the traffic accident case.

The Statutes Relevant to the Traffic Accident Case as Explained by the Seongnam Attorney

The client was in a situation where they were, somewhat unfairly, facing charges of 🔗violating the Act on Special Cases concerning the Settlement of Traffic Accidents .

The charge applies when, while driving, a person injures someone or damages property and then leaves the scene without taking any measures.

The relevant statutes are as follows.

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

① If the driver of a vehicle commits the offense under Article 268 of the "Criminal Act" through a traffic accident, the driver may be punished by imprisonment without labor for not more than 5 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 causes the death or injury of another through occupational negligence or gross negligence may be punished by imprisonment without labor for not more than 5 years or by a fine not exceeding 20 million won.

▶ Road Traffic Act Article 54 (Measures at the Time of an Accident)

If a person is injured or property is damaged by traffic such as the operation of a vehicle, the driver of the vehicle or other crew member shall immediately stop and take the following measures.
1. Necessary measures such as relief measures for the casualties
2. Provision of personal information (name, telephone number, address, etc.) to the victim

2. The Assistance Provided by the Seongnam Traffic Accident Attorney

The Seongnam traffic accident attorney closely examined the client's case and formed a task force with attorneys who have extensive experience in related cases.

The attorney then gathered favorable grounds with the goal of a non-referral decision and made the following arguments.

The Seongnam Attorney's Argument ① | No Intent

On the day of the incident, the client had an argument with the victim.

The victim and their acquaintances got out of their vehicle, and the client, who felt fear at their threatening expressions, tone, and conduct, left the scene to prevent the matter from escalating.

The attorney argued that, at that point, an accident occurred in which the victim's arm came into contact with the side mirror, and that the client left the scene because they did not perceive it.

The Seongnam Attorney's Argument ② | The Vehicle's Speed

This case is an accident that occurred during the transition from a stationary state to a moving state.

At the time, the client's vehicle speed was very low, and the degree of impact with the victim was also minor.

The Seongnam traffic accident attorney proved this fact by submitting the dashcam and CCTV footage from the client's vehicle.

The Seongnam Attorney's Argument ③ | Whether Injury Is Recognized

The injury referred to in the offense of hit-and-run causing injury means harming the integrity of the victim's body or causing a functional impairment.

However, the victim's injury was very minor, and it is difficult to recognize that they sustained an injury under the Criminal Act as a result of this incident.

Therefore, the attorney emphasized that the client's offense of hit-and-run causing injury cannot be recognized.

3. The Seongnam Traffic Accident Attorney's Result, "No Right to Prosecute"

The police, accepting the Seongnam traffic accident attorney's argument, ultimately made a decision that "there is no right to prosecute the suspect."

If You Have Violated the Act on Special Cases concerning the Settlement of Traffic Accidents

The case above was an instance in which a client facing an investigation for violating the Act on Special Cases concerning the Settlement of Traffic Accidents received a no-right-to-prosecute decision with the assistance of a Seongnam traffic accident attorney.

Daeryun Law Firm has 🔗Cases of Violating the Act on Special Cases concerning the Settlement of Traffic Accidents, having accumulated numerous such cases, and traffic accident attorneys provide close assistance, accompanying clients directly from the initial investigation stage through to resolution.

If you need to defend against punishment in a situation like the case above, please feel free to request assistance from a Seongnam traffic accident attorney at any time.

성남교통사고변호사

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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