Incheon Traffic Accident Attorney Assistance Case | Client Suspected of Hit-and-Run Causing Death Receives Non-Referral

This is the account of a client who requested assistance to defend against a charge of 🔗hit-and-run causing death.

On the day of the incident, the client was talking with an acquaintance at the acquaintance's home until late at night.

The conversation did not end until nearly dawn, and only then did the client begin to prepare to return home.

While heading home in the dark early morning, the client struck a motorcycle rider who had already been hit by another vehicle and was lying on the road.

Startled at having hit a person, the client left the scene of the accident.

However, the client, regretting his conduct, immediately returned to the scene of the incident.

The client also gave an honest statement to the police and willingly cooperated with the investigation that followed.

However, facing the risk of a custodial sentence due to the death of the motorcycle rider, the client sought out the Incheon traffic accident attorney and requested help.

▶ What Is Hit-and-Run Causing Death?

Hit-and-run causing death (or hit-and-run causing injury) is an offense committed when a person causes a traffic accident and then leaves the scene without taking rescue measures or reporting the accident.

When the victim sustains injury, it constitutes hit-and-run causing injury, and when the victim dies, it becomes the crime of hit-and-run causing death.

Unlike an ordinary traffic accident, hit-and-run causing death is subject to more severe punishment when it occurs.

▶ The Level of Punishment for Hit-and-Run Causing Death

Therefore, if an accident occurs, you should not leave the scene and should carry out rescue measures for the victim.

If you leave the scene of an accident and become suspected of hit-and-run causing death, consulting an attorney as soon as possible to establish a defense strategy can be helpful.

The victim had already been involved in a first accident at the time and had already been motionless before the client's accident.

Accordingly, through analysis of the client's dashcam footage, the attorney submitted as evidence the image of the victim lying on the ground and the image of the vehicle involved in the first accident.

The attorney also emphasized that, according to the findings of the National Forensic Service, it could not be determined whether the victim was alive at the time of the accident.

Before the client's accident, the driver of the vehicle involved in the first accident was already carrying out emergency measures.

The client confirmed this and then left the scene of the incident.

The attorney emphasized that there is a legal basis under which rescue measures may be carried out by another person even if that person is not a party to the accident, and that this means it does not constitute hit-and-run causing death.

The client was deeply shocked by this case and felt a sense of guilt over the victim's death.

The client was startled at the time of the incident and briefly left the scene, but immediately returned to the scene of the incident once he had regained his composure.

He then faithfully took part in the subsequent police investigation.

The attorney emphasized that, although the client left the scene, he immediately returned and faithfully participated in the investigation, which showed that the departure was not intentional.