CONTENTS
- 1. The Client Facing a Fine and Imprisonment for Failure to Take Measures After an Accident
- 2. What Is Involved in a Fine for Failure to Take Measures After an Accident?
- - What Is Non-Referral (No Booking)?
- 3. The Assistance Provided to Defend Against a Fine for Failure to Take Measures After an Accident
- - The Client Was Not Aware That the Client Had Caused the Traffic Accident
- - The Client Actively Reached Settlements With the Victims
- 4. Why a Traffic Attorney's Assistance May Be Needed When Facing a Fine for Failure to Take Measures After an Accident
1. The Client Facing a Fine and Imprisonment for Failure to Take Measures After an Accident
The circumstances of the case of the client who requested a consultation regarding a fine and imprisonment for failure to take measures after an accident are as follows.
The client, who was driving at dawn, lightly struck the rear bumper of a vehicle in the adjacent lane while changing lanes.
The client, however, who was entirely unaware of the impact at the time, continued driving, and the victim, angered that the client had left the scene even after causing a traffic accident, filed a complaint against the client on a charge of failure to take measures after a traffic accident.
The client, who had not been aware of the accident at all and then received a complaint notice from the police, was afraid of being punished, so he immediately requested assistance from this firm's traffic accident law attorney.
2. What Is Involved in a Fine for Failure to Take Measures After an Accident?
Let us examine the crime of failure to take measures after an accident, which is the charge against the client who faced the risk of a fine or imprisonment for failure to take measures after an accident.
Failure to take measures after an accident refers to a driver causing a traffic accident and leaving the accident scene without taking all the measures prescribed under the Road Traffic Act.
This crime, sometimes called hit-and-run, is a broader concept than hit-and-run.
| Type of harm | Classification |
| Fleeing after causing personal injury | Hit-and-run |
| Fleeing after causing property damage | Failure to take measures after a traffic accident |
Under the Road Traffic Act, when a traffic accident occurs, the driver must take the following measures.
Article 54 of the Road Traffic Act
2. Providing the victim with personal information (meaning the name, telephone number, address, and the like). |
If the charge of failure to take measures after a traffic accident is established, the level of punishment varies depending on the type.
| Charge of failure to take measures after an accident established | Imprisonment of up to 5 years or a fine of up to 15 million won |
| Charge of failure to take measures after an accident established together with hit-and-run causing injury (injury to the victim) | Imprisonment for a definite term of at least 1 year, or a fine of at least 5 million won and up to 30 million won |
| Charge of failure to take measures after an accident established together with hit-and-run causing death (death of the victim) | Life imprisonment, or imprisonment for a definite term of at least 5 years |
For failure to take measures after a traffic accident, a person may become involved in the charge and be punished without knowing that an accident occurred.
Also, where there is no personal injury and only the vehicle is damaged, the matter may end with a fine, detention, or a minor fine, but where a person is inside the vehicle, the person may be subject to criminal punishment as well as an administrative disposition such as license revocation or suspension.
What Is Non-Referral (No Booking)?
To assist the client, who faced punishment for failure to take measures after an accident, the traffic accident specialist attorney established a strategy to obtain a non-referral (no-booking) disposition concluding the case at the police investigation stage.
A non-referral or no-booking decision is a term used in criminal cases, referring to a decision by the prosecution not to proceed to trial, without further investigation, on a case received from the investigative agency.
That is, it is an official document announcing that the police, after investigating the case, concluded the case without reaching the booking stage, applying where 1. a case raised as a complaint does not require criminal investigation, or 2. the case does not meet the legal requirements or there is no right to prosecute.
When a non-referral (no-booking) decision is made, the case is regarded as concluded, and generally no additional investigation or punishment takes place unless additional evidence emerges.
A non-referral (no-booking) decision has the following four types.
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Effect of a non-referral (no-booking) decision
When a non-referral or no-booking decision is made, the prosecution's investigation or indictment of the case ends, and the legal burden on the suspect also disappears.
However, if new evidence or information is discovered and additional investigation is deemed necessary, the prosecution may resume the investigation or bring an indictment.
3. The Assistance Provided to Defend Against a Fine for Failure to Take Measures After an Accident
The following arguments were made to defend the client, who faced the risk of a fine and an imprisonment sentence for failure to take measures after an accident.
The Client Was Not Aware That the Client Had Caused the Traffic Accident
The traffic accident attorney argued that the client did not leave the scene knowing that an accident had occurred, but that it was merely a slight brush so that the client was entirely unaware of the accident.
In collaboration with an investigator from the firm's 🔗Evidence Collection and Investigation unit, the attorney presented evidence from the CCTV collected at the accident scene and argued that, because the client's vehicle did not slow down or stop even after the accident occurred, the client could not have been aware of the accident at all.
The attorney also requested leniency, noting that the vehicle the client drove was covered by comprehensive automobile insurance through which the damage had been compensated.
The Client Actively Reached Settlements With the Victims
The traffic accident attorney argued that, although the client did not perceive the traffic accident at issue, he immediately filed an insurance claim for the victims after learning of the complaint from the police, and requested that this be considered in sentencing.
The attorney also requested a decision of non-referral, on the ground that the client was actively making efforts to remedy the harm, such as delivering settlement money to the victims, and that there was insufficient evidence to support that the client had perceived the traffic accident.
4. Why a Traffic Attorney's Assistance May Be Needed When Facing a Fine for Failure to Take Measures After an Accident
Accepting the argument of the traffic accident attorney who assisted the client facing the risk of a fine for failure to take measures after an accident, the police closed the inquiry before booking and issued a decision not to book the case on the ground of no suspicion.
The client had spent fearful days worried about being unable to avoid heavy punishment for the client's own mistake, but was genuinely glad at the following disposition.
As shown here, the punishment for failure to take measures after an accident or a hit-and-run offense is by no means light, so you should retain a traffic accident attorney from the early stage of the case and respond with an established pleading strategy.
If, anxious and alone during a police investigation, you make statements unfavorable to your case, you may suffer disadvantages later, and by retaining an experienced attorney and requesting that the attorney accompany you to the investigation, you can conduct an advance investigation simulation and avoid unfavorable statements.
If you need legal assistance on charges of failure to take measures after an accident or a hit-and-run, we encourage you to respond by conducting a 🔗legal consultation with an attorney who has extensive experience handling traffic accident cases.
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.
