CONTENTS
- 1. The Client
- - How the Client Came to Seek the Jeju Criminal Attorney
- 2. The Statutes Relevant to the Case as Explained by the Jeju Criminal Attorney
- - The Questions Most Frequently Asked of the Jeju Criminal Attorney (FAQ)
- 3. The Assistance of the Jeju Criminal Attorney
- - The Jeju Criminal Attorney's Argument 1 | Remorse for the Wrongdoing
- - The Jeju Criminal Attorney's Argument 2 | The Freight Vehicle
- 4. The Court's Decision on the Jeju Criminal Attorney's Arguments
- - If You Need the Help of the Jeju Criminal Attorney
1. The Client
While looking for a criminal attorney, the client requested the help of the criminal attorney at the Jeju office, who had ample experience in matters of this kind.
How the Client Came to Seek the Jeju Criminal Attorney
The account of the client who came to the Jeju Criminal Attorney to request a consultation is as follows.
On the day of the incident, the client was driving toward an early-morning fish market with his mother in the front passenger seat.
Driving in the early morning, the client became fatigued and drowsy at the wheel, and an accident occurred in which he struck a freight truck parked on the shoulder.
In this accident, the client's mother, who was in the front passenger seat, suffered serious injuries, including a skull fracture, and although the 119 emergency crew that arrived a few minutes later performed CPR, she ultimately died at the scene.
In the end, the client was facing a complaint on a charge of violating the Act on Special Cases concerning the Settlement of Traffic Accidents (death).
2. The Statutes Relevant to the Case as Explained by the Jeju Criminal Attorney
The Act on Special Cases concerning the Settlement of Traffic Accidents is a statute that applies special rules on criminal punishment to a driver who causes a traffic accident through occupational negligence or gross negligence.
If an accident occurs through the driver's fault or causes serious harm to human life, the driver may be punished by imprisonment for up to five years or a fine of up to 20 million won.
Accordingly, if you cause a traffic accident through your own negligence, consulting an attorney about whether the Act on Special Cases concerning the Settlement of Traffic Accidents applies can be helpful.
▣ Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents (Special Cases on Punishment)
If the driver of a vehicle commits the crime under Article 268 of the Criminal Act through a traffic accident, the driver shall be punished by imprisonment without labor for up to five years or a fine of up to 20 million won.
The Questions Most Frequently Asked of the Jeju Criminal Attorney (FAQ)
If I am in a traffic accident, can an attorney accompany me when I am questioned?
A. Yes, when you are questioned about a traffic accident at the police station, you may have an attorney accompany you.
If personal or property damage has occurred, having an attorney accompany you during questioning is recommended so that you can avoid making statements that are disadvantageous to you.
3. The Assistance of the Jeju Criminal Attorney
To grasp the client's case quickly, the Jeju Criminal Attorney assembled a team of criminal attorneys at the Jeju office.
Through close consultation with the client, the Jeju criminal attorney team established a systematic response plan.
The Jeju Criminal Attorney's Argument 1 | Remorse for the Wrongdoing
The client fully acknowledges that this accident occurred through his own fault and is deeply remorseful.
The attorney emphasized that the client is resolved never to commit such a wrong again.
The Jeju Criminal Attorney's Argument 2 | The Freight Vehicle
The road in this case is a place where pedestrians cannot walk and only motor vehicles may travel, and it qualifies as a motor vehicle-only road.
However, the freight vehicle was parked on the shoulder and had no warning sign for a disabled vehicle or any other safety device installed.
Because it is difficult to deny that this enlarged the harm of the accident, the attorney emphasized that the fault of the freight vehicle was also combined in the outcome of the accident.
4. The Court's Decision on the Jeju Criminal Attorney's Arguments
The court, accepting the Jeju Criminal Attorney's arguments, issued a decision of non-prosecution in this case.
If You Need the Help of the Jeju Criminal Attorney
This case was one in which a client charged with causing death under the 🔗Act on Special Cases concerning the Settlement of Traffic Accidents obtained a decision of non-prosecution through the help of the Jeju Criminal Attorney, successfully defending against punishment.
Daeryun Law Firm collaborates with its evidence examination group to investigate CCTV footage, dashcam footage, and surrounding statements, and by presenting to the court lawful evidence collected through legal methods, it helps clients obtain a reduction of sentence.
If you are facing difficulties in a situation similar to the case above, you may entrust your case to the criminal attorney at the Jeju office at any time.
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.
