[Gangnam Attorney Consultation] A Non-Prosecution Decision for a Client Charged With Special Assault Resulting in Injury Through a Gangnam Attorney Consultation

This is the client's story learned through the Gangnam attorney consultation.

The client was driving a car on the way home from work.

The victim's vehicle cut into the client's lane recklessly, and the startled client, thinking that the victim was driving dangerously, changed lanes and moved in front of the victim's car.

In this process, the client collided with the victim's vehicle and caused injury to the victim.

As a result, the client, who was under investigation for special assault resulting in injury, visited the Gangnam office for a consultation.

These are the statutes related to special assault resulting in injury that are explained during the Gangnam attorney consultation.

Article 257 (Bodily Injury, Injury to a Lineal Ascendant)

(1) A person who injures the body of another shall be punished by imprisonment for not more than 7 years, suspension of qualifications for not more than 10 years, or a fine of not more than 10 million won.

(2) A person who commits the crime under paragraph (1) against his or her own or a spouse's lineal ascendant shall be punished by imprisonment for not more than 10 years or a fine of not more than 15 million won.

Article 258-2 (Special Bodily Injury)

(1) A person who, by showing the power of a group or multitude or by carrying a dangerous object, injures the body of his or her own or a spouse's lineal ascendant or of another person, or who commits the crime under paragraph (2), shall be punished by imprisonment for not less than 1 year and not more than 10 years.

(2) A person who, by showing the power of a group or multitude or by carrying a dangerous object, injures the body of another person and thereby creates a danger to life shall be punished by imprisonment for not less than 2 years and not more than 20 years.

Article 260 (Assault, Assault Against a Lineal Ascendant)

(1) A person who commits assault against the body of another shall be punished by imprisonment for not more than 2 years, a fine of not more than 5 million won, detention, or a minor fine.

(2) A person who commits the crime under paragraph (1) against his or her own or a spouse's lineal ascendant shall be punished by imprisonment for not more than 5 years or a fine of not more than 7 million won.

Article 261 (Special Assault)

A person who, by showing the power of a group or multitude or by carrying a dangerous object, commits assault against the body of another shall be punished by imprisonment for not more than 5 years or a fine of not more than 10 million won.

The client did not anticipate at all that an accident would occur, because the victim's vehicle was traveling slowly and there was a considerable gap.

In addition, the victim's injury was not serious, and the client reached a settlement with the victim.

The client judged at the time that the victim was in a dangerous situation of drowsy driving and sought to convey the point that the victim should drive safely.

Not only the client but also the victim wrote in the statement of no desire for punishment, "I do not think there was any malicious intent to cause an accident."

It was emphasized that, immediately after the accident, the client made efforts to prevent a secondary accident.

As soon as the accident occurred, the client immediately directed the other vehicles into another lane in order to prevent a secondary accident.