CONTENTS
- 1. The Incheon Criminal Defense Attorney's Client Account
- - The Client's Situation
- 2. Case Information Explained by the Incheon Criminal Defense Attorney
- 3. The Incheon Criminal Defense Attorney's Assistance to the Client
- - Incheon Criminal Defense Attorney Assistance | Settlement With the Victim
- - Incheon Criminal Defense Attorney Assistance | The Client's Financial Hardship
- 4. The Result of the Incheon Criminal Defense Attorney's Assistance
1. The Incheon Criminal Defense Attorney's Client Account
The client was facing criminal punishment on charges of committing a traffic accident offense.
To obtain legal assistance, the client sought an attorney with expertise in criminal litigation and visited the Incheon office.
The Client's Situation
The client was a novice driver who had obtained a license only a short time earlier.
As a result, the client was often unsure about traffic regulations while driving, and in such cases the client explained that he would refer to and follow the car directly ahead.
On the day of the incident, the client was unsure whether a U-turn was permitted and, while hesitating, saw the car directly ahead make a U-turn and followed it.
However, that location was a place where U-turns were not permitted, and the client happened to collide with a motorcycle coming from the opposite direction, causing a traffic accident.
Fortunately, because the speed was not high, the motorcycle rider was not seriously injured.
However, because causing a traffic accident through an illegal U-turn falls under the twelve categories of gross-negligence traffic accidents, the client was booked by the police and was subsequently indicted for a criminal trial.
The client therefore came to the Incheon criminal defense attorney, hoping to avoid an actual custodial sentence if at all possible.
2. Case Information Explained by the Incheon Criminal Defense Attorney
If, like the client, a person violates traffic regulations and causes a traffic accident that results in personal injury, this may fall under an offense provided in the 🔗Act on Special Cases concerning the Settlement of Traffic Accidents, and the person may be punished.
In particular, as in the client's case, if a person crosses the center line to make a U-turn and causes an accident, this falls under the twelve categories of gross-negligence traffic accidents, so the person may be punished even if a settlement is reached with the victim and the person has driver's insurance.
In addition, if a person causes a traffic accident through drunk driving, a traffic signal violation, speeding more than 20 km/h over the limit, or driving without a license, this falls under the twelve categories of gross-negligence traffic accidents, so the person may be punished.
If a person is investigated by the police on such charges or faces a criminal trial, the sentence may vary depending on the degree of harm caused by the accident, whether a settlement is reached, and the degree of remorse, so caution is needed.
A person who commits one of the twelve categories of gross-negligence traffic accidents may be sentenced to imprisonment without labor for up to five years or a fine of up to 20 million won, and additional disciplinary measures such as penalty points or license suspension may be imposed.
3. The Incheon Criminal Defense Attorney's Assistance to the Client
The Incheon criminal defense attorney carefully gathered case-related materials, including the CCTV footage and dashcam footage from the time of the accident, and then advocated as follows to defend the client against punishment.
Incheon Criminal Defense Attorney Assistance | Settlement With the Victim
The client admitted all charges, showed deep remorse, and sincerely conveyed an apology to the victim.
As a result, the client reached an amicable settlement with the victim, and the victim expressed that the victim did not want the client to be punished.
The Incheon criminal defense attorney argued that the fact that the client had reached a settlement with the victim should be taken into account in sentencing.
Incheon Criminal Defense Attorney Assistance | The Client's Financial Hardship
The client was a young person new to society who had grown up in very difficult financial circumstances and had only just begun to become independent.
The client still carried a large amount of debt left by his parents and student loans, and his living situation was very difficult.
The Incheon criminal defense attorney asked the court to extend social leniency in consideration of the client's financial circumstances.
4. The Result of the Incheon Criminal Defense Attorney's Assistance
The court accepted the Incheon criminal defense attorney's argument and issued a judgment imposing a fine of 5 million won on the defendant.
This was a case in which the attorney assisted a client who had faced an actual custodial sentence for committing one of the twelve categories of gross-negligence traffic accidents and obtained a fine instead.
As this shows, if a person commits a traffic accident that may result in criminal punishment, the level of punishment may vary depending on how the matter is subsequently handled, whether a settlement is reached, and the degree of remorse, so it is important to obtain the assistance of an attorney experienced in this area.
Daeryun Law Firm carries out settlement, examination of evidence, and review of fault ratios in an integrated manner to resolve traffic accident cases and provides strategies to defend clients against punishment.
If you are troubled by a traffic accident matter, please obtain prompt assistance through 🔗attorney referral.
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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.
