CONTENTS
- 1. Traffic Accident Law Firm | Case Background
- - The Client Who Caused an Unprotected Left-Turn Accident
- - Request for Assistance with Settlement Representation
- 2. Traffic Accident Law Firm | Case Analysis
- - Cases Where Prosecution Is Possible Regardless of the Victim's Intent
- 3. Traffic Accident Law Firm | Method of Assistance
- - Assistance with Settlement Representation
- - Invalidity of Prosecution Under the Act on Special Cases concerning the Settlement of Traffic Accidents
- 4. Traffic Accident Law Firm | Occupational Negligence Causing Injury Charge Concluded with Dismissal of Prosecution
1. Traffic Accident Law Firm | Case Background
The client was booked on a charge of occupational negligence causing injury for inflicting serious bodily injury on the victim requiring an estimated 30 weeks of treatment.
The client requested representation in negotiating a settlement so that the matter could be concluded through an amicable agreement.
The traffic accident attorney at Daeryun Law Firm collaborated with the drunk-driving traffic accident response group to form one team and develop a systematic response strategy.
The Client Who Caused an Unprotected Left-Turn Accident
The client attempted an unprotected left turn while driving home after finishing an early-morning shift.
At the time, heavy fog had settled in, and visibility was not properly secured.
After making a left turn at the unprotected left-turn area on a green light, the client failed to see a motorcycle traveling straight ahead and collided with it.
As a result of the accident, the victim sustained serious bodily injury requiring an estimated 30 weeks of treatment.
The client, startled, hurriedly got out of the vehicle, checked on the victim's condition, and took emergency aid measures.
However, the client was booked on a charge of occupational negligence causing injury by the police who responded to the accident.
Request for Assistance with Settlement Representation
The client sought out the traffic accident law firm and requested assistance from Daeryun Law Firm.
Because the victim had sustained serious bodily injury, the offense was grave, and an amicable settlement was urgently needed in order to obtain a reduction of sentence.
The attorney collaborated with Daeryun Law Firm's 🔗traffic accident attorneys and the evidence investigation center to develop a response strategy aimed at uncovering the substantive truth of the client's case.
2. Traffic Accident Law Firm | Case Analysis
The attorney at the traffic accident law firm reviewed the relevant legal principles to analyze the issues in the client's case.
Occupational negligence refers to a case in which a person engaged in work involving risk neglects a duty of care and injures or causes the death of another person, and it is subject to heavier punishment than ordinary negligence offenses.
Relevant Law | Violating Act | Punishment |
Road Traffic Act Article 151 | A driver damages a structure or property through neglect of an occupational duty of care or through gross negligence | Imprisonment without labor for up to 2 yearsor a fine of up to 5 million won |
Criminal Act Article 268 | A driver causes the death or injury of a person through occupational negligence or gross negligence | Imprisonment without labor for up to 5 years or a fine of up to 20 million won |
Act on Special Cases concerning the Settlement of Traffic Accidents Article 3 (1) | ||
Act on Aggravated Punishment of Specific Crimes Article 5-13 | A driver causes serious harm to a child (under 13) in a traffic accident within a child protection zone | Death: life imprisonment or imprisonment for at least 3 years
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Cases Where Prosecution Is Possible Regardless of the Victim's Intent
A driver who has committed occupational negligence causing injury or gross negligence causing injury may not be prosecuted against the victim's express intent.
In addition, if the driver has subscribed to insurance or a mutual aid program, prosecution is not possible.
However, the following exceptions apply.
② Occurrence of serious bodily injury (threat to life, disability, or an incurable or hard-to-treat illness)
③ A case where compensation through insurance or otherwise is not possible
④ A case where the victim sustained serious bodily injury but no settlement was reached
As reflected in the items above, the victim in this case sustained serious bodily injury requiring 30 weeks of treatment and was left with a lifelong illness, so a settlement was urgently needed.
3. Traffic Accident Law Firm | Method of Assistance
The attorney at the traffic accident law firm explored a strategic settlement approach suited to the nature of the case, drawing on many years of experience and data from hundreds of thousands of cases.
For this client, the traffic accident attorney proceeded with the settlement with the other party in the following manner.
Assistance with Settlement Representation
Negotiating a settlement with the other party's attorney ↓ Conveying heartfelt condolences ↓ Payment of 100 million won in personal and property insurance proceeds ↓ Preparing the settlement agreement ↓ Obtaining and submitting a statement of no desire for punishment |
In this process, there were difficulties, including opposition from the victim's family, but a settlement was reached thanks to the traffic accident attorney's continued mediation.
Invalidity of Prosecution Under the Act on Special Cases concerning the Settlement of Traffic Accidents
🔗Occupational negligence causing injury is a crime not punishable against the victim's will, for which, under Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 286 of the Criminal Act, prosecution may not be brought against the victim's express intent.
The attorney submitted the settlement agreement and the statement of no desire for punishment to demonstrate the amicable settlement with the victim.
Accordingly, the attorney requested that the prosecution brought by the prosecutor in charge of the case be dismissed.
4. Traffic Accident Law Firm | Occupational Negligence Causing Injury Charge Concluded with Dismissal of Prosecution
With the assistance of the traffic accident law firm's attorney, the client completed an appropriate settlement, and the prosecutor's prosecution was also dismissed.
Through this case, the client expressed deep remorse for the trouble that had unavoidably arisen and resolved to live with a sense of apology toward the victim.
If you need an amicable settlement with a victim, it is important to obtain the assistance of an attorney at the traffic accident law firm rather than proceeding with a settlement without preparation.
This is because making excessive contact while attempting a settlement may instead make the case more complicated.
🔗traffic accident litigation If you would like a consultation with an attorney at Daeryun Law Firm regarding a traffic accident lawsuit, you may click the 🔗legal consultation booking link to develop a response strategy.
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.
