CONTENTS
- 1. The Client Who Reached Out Regarding a Traffic Accident Lawsuit
- - What Is the Act on Special Cases concerning the Settlement of Traffic Accidents?
- - What Is a Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death)?
- 2. Assistance for Defending the Client Against Punishment in the Traffic Accident Lawsuit
- - The Attorney Argues That the Accident Could Not Have Been Anticipated
- - The Attorney Argues That the Client Took All Necessary Measures After the Accident
- - The Attorney Argues That the Victim Was Jaywalking
- 3. Result of the Assistance in the Traffic Accident Lawsuit: Non-Prosecution Decision for Insufficient Evidence
1. The Client Who Reached Out Regarding a Traffic Accident Lawsuit
This is the account of a client who requested help with a traffic accident lawsuit.
The client was facing a prosecutorial investigation on a charge of violating the Act on Special Cases concerning the Settlement of Traffic Accidents (death), in a case in which the traffic accident victim had died.
Because the victim had died, the client was very fearful of receiving severe punishment.
A team was formed to respond to the client's case and set out to assist with it.
What Is the Act on Special Cases concerning the Settlement of Traffic Accidents?
The 🔗Act on Special Cases concerning the Settlement of Traffic Accidents is a statute that provides for the criminal punishment of drivers who cause traffic accidents through occupational negligence or gross negligence.
It was enacted to promote prompt recovery from traffic accidents and for the convenience of citizens' daily lives.
If an accident occurs through a driver's 🔗12 categories of gross negligence, the driver may be subject to criminal punishment even if covered by comprehensive insurance.
Because accidents involving serious injury or death are also punished, if you are booked on a charge of causing injury or death, it is recommended to retain an attorney experienced in traffic accidents, confirm the facts charged, and then prepare a response.
Violation of a signal or instruction, crossing the center line, speeding, violation of the prohibition on overtaking, violation of the rules for crossing a railroad crossing, violation of the duty to protect pedestrians, driving without a license, driving under the influence, encroaching on a sidewalk, violation of the duty to prevent falls, child protection zones, and violation of the duty to prevent cargo from falling
What Is a Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death)?
If a person commits the crime of causing death through occupational negligence or gross negligence in a traffic accident, that person may be punished by imprisonment without labor for up to five years or by a fine of up to 20 million won.
∙Special Sentencing Factors
Mitigating Factors | Aggravating Factors |
Conduct | |
| ∙If the victim also bears substantial fault in the occurrence of the traffic accident or the expansion of the harm ∙If minor injury occurred ∙An accident caused while riding a bicycle | ∙If serious injury occurred ∙If the unlawfulness is grave or in the case of reckless driving |
Offender/Other | |
| ∙Persons with hearing and speech disabilities ∙Mental and physical infirmity (without the offender's responsibility) ∙No wish for punishment or substantial recovery of the harm (including deposit) | ∙Repeat offense of the same kind |
∙General Sentencing Factors
Mitigating Factors | Aggravating Factors |
Conduct | |
| ∙If the victim was a passenger riding gratuitously by goodwill | ∙If a serious injury, though not a grave injury, occurred |
Offender/Other | |
| ∙Substantial recovery of the harm (including deposit) ∙Enrollment in comprehensive automobile insurance ∙Sincere remorse ∙No prior criminal punishment | ∙Concealment or attempted concealment of evidence after the offense ∙Repeat offense of a different kind, or a prior conviction of the same kind not amounting to a repeat offense ∙Causing harm during an attempt to reach a settlement |
2. Assistance for Defending the Client Against Punishment in the Traffic Accident Lawsuit
The team set out to assist in defending the client, who faced a charge of causing death, against punishment in the traffic accident lawsuit.
The Attorney Argues That the Accident Could Not Have Been Anticipated
On the day of the incident, sleet mixed with rain was falling, and it was around 1 a.m.
It was very dark, and visibility was difficult to secure.
In addition, the location of the accident was in the middle of the road, not at a crosswalk.
The client was in a situation where visibility was not properly secured, and the client could not have anticipated that the victim would appear alongside the moving vehicle.
The Attorney Argues That the Client Took All Necessary Measures After the Accident
After the accident, the client immediately got out of the vehicle, checked the victim's condition, and reported the accident to 119.
Following the paramedics' instructions, the client took necessary measures such as checking whether the victim was breathing.
The attorney argued that the client had done everything possible to recover the harm.
The Attorney Argues That the Victim Was Jaywalking
At the time of the accident, the victim was jaywalking across a four-lane road.
From the client's standpoint, he could not have anticipated that the victim would suddenly appear near the center line.
The attorney argued that the accident occurred when the victim suddenly appeared and collided with the vehicle without even a moment for the client to stop, emphasizing that the client had not breached his duty of care.
3. Result of the Assistance in the Traffic Accident Lawsuit: Non-Prosecution Decision for Insufficient Evidence
As a result of the assistance in the traffic accident lawsuit, the client received a non-prosecution decision for insufficient evidence and succeeded in concluding the case.
The investigating authority determined, "The alleged facts are acknowledged. However, it cannot be said that the suspect had a duty of care extending to anticipating that a jaywalking pedestrian would suddenly appear in front of the vehicle and to taking special measures accordingly."
If a person causes a traffic accident that results in the victim's death, that person may receive severe punishment because the accident brings about the serious consequence of loss of life.
At Daeryun Law Firm, 🔗attorneys experienced in traffic accidents clearly analyze the circumstances of the accident and the related evidence and assist in protecting clients' rights and interests.
If you become involved in a charge related to a traffic accident causing death as in the case above, please respond by receiving an 🔗attorney referral from Daeryun Law Firm.
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.
