CONTENTS
- 1. The Client Who Requested Help over a Charge of Failure to Take Measures After an Accident
- - What Is Failure to Take Measures After an Accident?
- 2. Assistance for a Client Charged with Failure to Take Measures After an Accident
- - Arguments Regarding Awareness of the Accident
- - Arguing That the Crime of Failure to Take Measures After an Accident Is Not Established
- 3. Failure to Take Measures After an Accident Charge Assistance Outcome, a Successful Non-Prosecution Disposition
1. The Client Who Requested Help over a Charge of Failure to Take Measures After an Accident
This is the story of a client who requested assistance on a charge of failure to take measures after an accident.
The incident occurred while the client was on the way home after finishing overtime work.
The client was driving in the second lane of a three-lane one-way road.
At this time, there was contact near the side mirror with another vehicle that suddenly changed lanes from the third lane.
The client did not feel a strong impact at the time, and because there was no problem with the operation of the vehicle, the client continued driving toward the destination without recognizing it as an accident.
However, the driver of the other vehicle reported the accident to 112, a police investigation began, and the client ultimately came to be investigated.
The reason was that the client was suspected of having intentionally left the scene despite recognizing that an accident had occurred.
The client was very flustered by the sudden investigation.
The client chose Daeryun LLC, which has experience with numerous cases.
What Is Failure to Take Measures After an Accident?
🔗failure to take measures after an accident refers to the act of leaving the scene without taking the necessary measures when a traffic accident occurs.
▶Article 54 of the Road Traffic Act
When a person is killed or injured or property is damaged due to traffic such as the operation of a vehicle, the driver must immediately stop and take necessary measures such as relieving the casualties.
▶Aggravated punishment
The driver is subject to more severe punishment under the Road Traffic Act and the Act on Aggravated Punishment of Specific Crimes.
Condition of the victim | Punishment |
Death | Imprisonment for life or for not less than 5 years |
Injury | 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 |
▶What does “flight” mean?
The court assesses the meaning of ‘flight’ as follows.
A case is regarded as flight where the driver, while being aware that a person has been injured or killed as a result of the traffic accident, leaves the scene of the accident without fulfilling the duties of relief measures and the like prescribed in Article 50 (1) of the Road Traffic Act.
The court also held that if, as a result, it becomes impossible to identify who caused the accident, this constitutes flight.
2. Assistance for a Client Charged with Failure to Take Measures After an Accident
We provided assistance for a client charged with failure to take measures after an accident.
Daeryun LLC formed a TF of traffic accident specialist attorneys to respond to the client's case.
Arguments Regarding Awareness of the Accident
During the police investigation, the client stated that from the outset he was not even aware of the fact that an accident had occurred.
Accordingly, the key issues in this case were ‘whether the client could have recognized the contact accident’ and ‘whether, despite such recognition, he left the scene.’
Daeryun’s traffic accident specialist attorney, through close consultation with the client, organized the detailed facts regarding the accident circumstances at the time, the road conditions, the condition of the vehicle, and the degree of impact at the time of contact.
The attorney then obtained the advice of an external expert with a background as a traffic accident appraiser and analyzed the scratch on the side mirror area of the vehicle and the minor contact marks on the other vehicle.
The attorney also secured the client’s vehicle dashcam and the driving record immediately after the accident, gathering evidence that could prove that it was a situation in which it was difficult for the client to recognize the accident at the time.
A case of failing to take measures upon the occurrence of a traffic accident presupposes that the driver involved in the accident normally recognized the fact that personal or property damage had occurred as a result of the traffic accident.
Arguing That the Crime of Failure to Take Measures After an Accident Is Not Established
The crime of failure to take measures after an accident is a crime prescribed not as a means of compensating for the victim's property loss, but for the purpose of securing general traffic safety and order.
Therefore, if, even after a traffic accident occurred, no risk factor arose on the road due to scattered debris or the like, and there was no concern that it would obstruct the passage of ordinary vehicles, it is difficult to find that any special measure under the Road Traffic Act was necessarily required in itself.
In particular, considering that in this case there were no circumstances in which the victim could immediately report the matter or pursue the offending vehicle at the scene, and there was no obstruction to traffic flow or any factor giving rise to danger from the accident, this was a situation in which there was no concern of harming road traffic safety.
The traffic accident specialist attorney asserted the above circumstances and emphasized that the protected legal interest was not infringed.
3. Failure to Take Measures After an Accident Charge Assistance Outcome, a Successful Non-Prosecution Disposition
As a result of defending the client charged with failure to take measures after an accident, the prosecution rendered a decision of non-prosecution.
The prosecution determined that there was no obstruction of traffic flow or threat to safety caused by the accident, and that, taking into account such circumstances as the client's having temporarily left the scene without clearly recognizing the accident itself, the charges were not recognized to a degree warranting criminal booking and indictment.
This is a matter requiring a very precise legal determination of factors such as whether the accident was recognized, the intent to flee, and whether a traffic hazard existed.
Daeryun LLC protects the client's rights and interests through a legal analysis of the circumstances at the time of the accident, the securing of objective materials such as dashcam footage and photographs of vehicle damage, and the construction of reasoning based on similar precedents.
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.
