CONTENTS
- 1. The Client Who Sought a Police Investigation Attorney
- - Why the Client Was Charged With Hit-and-Run Causing Injury
- 2. Hit-and-Run Causing Injury Explained by an Attorney
- - What Are the Elements of Hit-and-Run Causing Injury?
- - What Is the Sentence for Hit-and-Run Causing Injury?
- 3. Three Areas of the Attorney's Assistance
- - The Attorney's Assistance 1. The Client Compensated the Victim
- - The Attorney's Assistance 2. The Conduct Was Not Habitual
- - The Attorney's Assistance 3. The Client Is Showing Sufficient Remorse
- 4. Result of the Attorney's Assistance: Suspended Sentence
- - When Charged With Hit-and-Run Causing Injury
1. The Client Who Sought a Police Investigation Attorney
The police-investigation attorney's client was reported to the police on a charge of hit-and-run causing injury and faced the risk of serving an actual custodial sentence, but, with the assistance of a traffic-accident attorney who has handled many police investigations, received a suspended sentence.
Why the Client Was Charged With Hit-and-Run Causing Injury
The client of the police investigation attorney was driving the day after drinking while still not fully sober, and feeling drowsy, he briefly pulled into a nearby parking lot and fell asleep.
When he opened his eyes, it had become dark night, so he hurriedly prepared to return home.
While driving in a rush, he collided with the vehicle ahead of him.
Noticing that vehicles had backed up behind him, the client moved his vehicle to a place with less traffic.
Afterward, he underwent a breathalyzer test by the police who responded, and he was found to have a blood alcohol concentration of 0.15%.
Facing charges of hit-and-run causing injury and drunk driving, the client requested assistance from the police investigation attorney in order to avoid punishment.
2. Hit-and-Run Causing Injury Explained by an Attorney
As with the client of the police investigation attorney, if a person who caused an accident leaves the scene without providing aid to the victim, that person may be implicated in a charge of hit-and-run causing injury.
Such hit-and-run causing injury is punished more severely because it is a crime that can injure a person or take a life.
What Are the Elements of Hit-and-Run Causing Injury?
Hit-and-run causing injury is a crime that is established only when the following requirements are met.
An accident must occur in which a driver operating a car, motorcycle, or similar vehicle causes a traffic accident and injures another person.
Under Article 54 of the Road Traffic Act, the measures to be taken when an accident occurs are specified.
If a person has caused a traffic accident, the person must take relief measures, such as rescuing the casualties or providing the victim with personal information.
However, if such relief measures are not taken, the person may be charged with hit-and-run causing injury.
The crime may be established if a person leaves the accident scene without taking relief measures.
What Is the Sentence for Hit-and-Run Causing Injury?
Hit-and-run causing injury is strictly punished under the Act on Aggravated Punishment of Specific Crimes.
▶ Act on Aggravated Punishment of Specific Crimes, Article 5-3 (Aggravated Punishment of Drivers of Fleeing Vehicles)
| When the victim has died | Life imprisonment or imprisonment for not less than 5 years |
| When the victim was injured | Imprisonment for a definite term of not less than 1 year, or a fine of not less than 5 million won and not more than 30 million won |
If the driver moved the victim away from the accident scene, abandoned the victim, and fled, the punishment is further aggravated.
| When the victim has died | Death penalty, life imprisonment, or imprisonment for not less than 5 years |
| When the victim was injured | Imprisonment for a definite term of not less than 3 years |
3. Three Areas of the Attorney's Assistance
The police investigation attorney listened to the client's account and, after reviewing similar precedents and statutes, established a strategy to assist the client.
The attorney also referred to sentencing materials in order to assist in defending against the client's punishment.
The Attorney's Assistance 1. The Client Compensated the Victim
Since the client had comprehensive insurance, he was able to provide sufficient compensation to the victims.
He also apologized to the victims and made efforts to restore the harm they had suffered.
On this basis, we emphasized that appropriate compensation had been made to the victims.
The Attorney's Assistance 2. The Conduct Was Not Habitual
The client has no prior record of criminal punishment at or above a fine.
The client also ordinarily exercised care in driving.
Accordingly, the attorney argued that this accident was an unintended mistake and that the client's accident was not habitual.
The Attorney's Assistance 3. The Client Is Showing Sufficient Remorse
The client was greatly shocked at having injured a person through this incident.
The client conveyed an apology to the victims and also showed a resolution never again to leave an accident scene.
On this basis, we emphasized that the client was sufficiently remorseful and that the likelihood of reoffending was low.
4. Result of the Attorney's Assistance: Suspended Sentence
As a result of the assistance provided to the client by the police investigation attorney, the court imposed a sentence of a suspended sentence.
The client, who had expected an actual custodial sentence, expressed deep gratitude to the police investigation attorney.
When Charged With Hit-and-Run Causing Injury
This was the story of a client who was nearly going to serve an actual custodial sentence on a hit-and-run injury charge but, with the assistance of the police investigation attorney, received a suspended sentence.
As shown here, hit-and-run injury may carry more severe punishment than other traffic accidents, so it is a matter that requires a prompt response.
At Daeryun Law Firm, we analyze evidence favorable to the client through lawful examination of evidence and, based on this, establish strategies to defend against the client's punishment.
If, like this client, you become involved in a hit-and-run injury, please request assistance from the police investigation attorney through a 🔗legal consultation appointment.
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.
