CONTENTS
- 1. Background of the Busan Traffic Accident Attorney's Case
- - Case Information Explained by a Busan Traffic Accident Attorney
- 2. Assistance Provided by a Busan Traffic Accident Attorney
- - Defense by the Busan Traffic Accident Attorney (1): Admission of the Charge and Remorse
- - Defense by the Busan Traffic Accident Attorney (2): Financial Hardship
- 3. Result of the Busan Traffic Accident Attorney's Assistance: “Suspended Sentence”
1. Background of the Busan Traffic Accident Attorney's Case
This is the account of the client.
The client is a self-employed person engaged in the food distribution business.
Recently, as the economy worsened, the client was also going out to handle deliveries for distribution in person.
Because the client was short of manpower, the places where groceries had to be delivered piled up, so the client drove a great deal, and then, due to insufficient attention to the road ahead, struck a pedestrian passing by in an alley with the car.
Fortunately, the pedestrian was not seriously injured and an amicable settlement was later reached through automobile insurance, but the client was booked by the police on the charge of injuring the pedestrian with the car and now faces punishment.
The client therefore came to the Busan traffic accident attorney to defend against punishment as much as possible.
Case Information Explained by a Busan Traffic Accident Attorney
As in the client's case, if a person causes a traffic accident that strikes a pedestrian with a vehicle and results in injury, that person may be punished under the 🔗Act on Special Cases concerning the Settlement of Traffic Accidents.
The Act on Special Cases concerning the Settlement of Traffic Accidents is a law that applies to a driver who causes a traffic accident through occupational negligence or gross negligence.
If a person has caused a traffic accident, it is important to examine closely the provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents that apply to that person and to respond accordingly.
If a person has caused a traffic accident that resulted in injury to a pedestrian, as in the client's case, the provisions governing punishment are as follows.
A person who causes the death or injury of another through occupational negligence or gross negligence shall be punished by imprisonment without labor for not more than five years or by a fine not exceeding 20 million won.
If the driver of a vehicle commits the offense under Article 268 of the Criminal Act as a result of a traffic accident, the driver shall be punished by imprisonment without labor for not more than five years or by a fine not exceeding 20 million won.
2. Assistance Provided by a Busan Traffic Accident Attorney
The Busan traffic accident attorney gathered detailed information and materials regarding the circumstances at the time of the incident, and then presented arguments to defend the client against punishment as far as possible.
Defense by the Busan Traffic Accident Attorney (1): Admission of the Charge and Remorse
The client humbly acknowledged that all fault for this accident lay with him and was deeply remorseful.
He had reached an amicable settlement with the victim through the insurance company, and he showed genuine remorse by once again conveying his apologies to the victim.
The Busan traffic accident attorney argued that the client's remorse should be taken into account in sentencing.
Defense by the Busan Traffic Accident Attorney (2): Financial Hardship
The defendant was currently running a grocery distribution business and was the head of a household supporting two children and his wife.
Already facing financial difficulties due to business hardship, his family's livelihood would be left in a precarious situation if a prison sentence were imposed.
The Busan traffic accident attorney requested that the client's financial circumstances also be taken into account in sentencing.
3. Result of the Busan Traffic Accident Attorney's Assistance: “Suspended Sentence”
The court accepted the Busan traffic accident attorney's arguments and ruled, “The defendant is sentenced to imprisonment without labor for four months. However, the execution of the above sentence is suspended for one year from the date this judgment becomes final.”
This was a case in which the client, who had faced the risk of a prison sentence after causing a traffic accident resulting in injury, was assisted and obtained a suspended sentence.
As in the client's case, if a person causes a traffic accident to which the Act on Special Cases concerning the Settlement of Traffic Accidents applies, caution is needed because a settlement with the victim, the degree of harm, and the scope for remorse all factor together into the punishment.
When a person has caused a traffic accident in this way, it is difficult to handle everything alone, from gathering evidence to the subsequent settlement process with the victim, so the assistance of an attorney with extensive experience can be helpful.
At Daeryun Law Firm, attorneys with practical experience in handling traffic accidents provide close support, so you can respond quickly through our 🔗attorney recommendation service.
If you are facing a similar matter, we recommend arranging a consultation through 🔗legal consultation booking.
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.
