CONTENTS
- 1. The Client Who Requested Appellate Assistance From a Busan Traffic Accident Attorney
- - How the Appeal Came to Be Pursued With the Traffic Accident Attorney
- 2. A Busan Traffic Accident Attorney Explains "Causing Death"
- 3. The Busan Traffic Accident Attorney's Defense Against a Custodial Sentence
- - Busan Traffic Accident Attorney: "The Client's Fault Was Not Significant"
- - Busan Traffic Accident Attorney: "The Client Made Efforts to Repair the Victim's Harm"
- 4. Busan Traffic Accident Attorney Appeal Result: "Suspended Sentence"
1. The Client Who Requested Appellate Assistance From a Busan Traffic Accident Attorney
The client, having been sentenced to two years of actual imprisonment on charges of a traffic accident resulting in death and driving without a license, wished to pursue an appeal.
The client explained that, in order to avoid a custodial sentence, he came to the firm to retain an appellate attorney with extensive experience in such cases in Busan.
The attorney met directly with the client to consult on how to prevent a custodial sentence.
How the Appeal Came to Be Pursued With the Traffic Accident Attorney
The client explained that his driver's license had been revoked some years earlier after a drunk driving offense was detected.
However, he received word of an urgent matter at his workplace and felt he had no choice but to take the wheel. On the day of the incident, he neglected his duty of safe driving and struck the victim in this case, causing the victim's death.
As a result, he faced charges of a traffic accident resulting in death under the Act on Special Cases concerning the Settlement of Traffic Accidents and driving without a license, and was sentenced to actual imprisonment.
2. A Busan Traffic Accident Attorney Explains "Causing Death"
The client faced a charge of a traffic accident resulting in death, which is an offense committed when a driver causes a traffic accident through negligence and the victim dies as a result.
Here, negligence is recognized where the accident was foreseeable and avoidable yet was nonetheless caused.
A traffic accident, in turn, means causing death or injury to a person or damage to property through the operation of a vehicle.
Causing death is punishable, under the Act on Special Cases concerning the Settlement of Traffic Accidents, by imprisonment without labor for not more than five years or a fine not exceeding twenty million won.
The Sentencing Commission applies a baseline range of imprisonment of eight months to two years for a charge of causing death.
If mitigating factors are present, the penalty becomes imprisonment of four months to one year or a fine of five million to fifteen million won. The mitigating factors for a charge of causing death are as follows.
If the victim does not wish for punishment, or the defendant has completed substantial recovery of the harm, including through a deposit with an official depository
If the defendant shows a sincere attitude of remorse
If there is no record of criminal punishment
3. The Busan Traffic Accident Attorney's Defense Against a Custodial Sentence
To defend against the custodial sentence imposed on the client, the attorney pursued the appeal and conducted the defense as follows.
Busan Traffic Accident Attorney: "The Client's Fault Was Not Significant"
The appellate attorney emphasized that the client's fault in contributing to the victim's death was not significant.
The client deeply regrets and is remorseful for having driven without a license and neglected his duty to protect pedestrians.
At the time of the accident, the victim was wearing dark clothing and the situation was exceptional, as the victim suddenly stopped while crossing.
Busan Traffic Accident Attorney: "The Client Made Efforts to Repair the Victim's Harm"
The appellate attorney emphasized that the client was doing his utmost to repair the victim's harm.
In order to pay the settlement amount sought by the victim's bereaved family, the client disposed of his vehicle and completed discussions on a settlement with the bereaved family.
On this basis, the attorney requested that, taking into account the change in the sentencing conditions, the client be given a suspended sentence rather than a custodial one.
4. Busan Traffic Accident Attorney Appeal Result: "Suspended Sentence"
As a result of the appeal pursued by the attorney, the court issued the following judgment.
The defendant is sentenced to one year of imprisonment.
However, execution of the above sentence is suspended for two years from the date this judgment becomes final.
The client had faced a near-certain two years of imprisonment on charges of causing death and driving without a license, but because he promptly sought out the firm, he was able to obtain a suspended sentence.
The firm draws together traffic accident attorneys, criminal attorneys, and an evidence examination and digital forensics group with extensive experience in resolving similar cases to reach the best possible outcome.
For a charge of a traffic accident resulting in death, it is not easy to avoid a custodial sentence because the victim has died.
For this reason, seeking the assistance of an attorney as soon as charges arise can help in achieving a result like the one obtained by the client in this case.
Daeryun provides legal services of the same quality anywhere in the country.
If you are facing a crisis on a charge of a traffic accident resulting in death, you may seek the assistance of a traffic accident attorney at a nearby office.
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.
