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Deals & Cases

Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (injury)

Traffic Accident Law Firm Assistance Case | Hit-and-Run Injury Traffic Accident; Non-Referral

The client who came to the traffic accident law firm came to the traffic accident attorney in a situation where a minor contact accident had occurred, but he had left the scene, raising concerns even of a “hit-and-run causing injury” charge.

CONTENTS
  • 1. Client Who Came to the Traffic Accident Law Firm
    • - The Circumstances of the Traffic Accident Case
  • 2. Case Information Explained by the Traffic Accident Law Firm
    • - The Issues in the Case Identified by the Traffic Accident Attorney
  • 3. The Traffic Accident Law Firm's Defense Strategy
    • - Traffic Accident Attorney: Blocking the Establishment of the Hit-and-Run Injury Charge
    • - Traffic Accident Attorney: Demonstrating No Right to Prosecute on the Injury Charge
  • 4. Result of the Traffic Accident Law Firm's Assistance: Non-Referral
    • - Even a Minor Fender Bender May Call for a Prompt Response

1. Client Who Came to the Traffic Accident Law Firm

Traffic accident law firm hit-and-run injury case study



This is a case in which, even though the client who came to the traffic accident law firm was in a situation where a ‘hit-and-run causing injury’ charge was a concern, thanks to the traffic accident attorney's assistance the injury charge resulted in a non-referral and the hit-and-run causing injury charge was preemptively blocked, bringing the case to a successful conclusion.

The Circumstances of the Traffic Accident Case

The client, as usual, passed through an alley near his home and turned left to enter a main road on his way to work.

However, a few hours later, he was notified by the police of a report that he had “struck a pedestrian with the vehicle's side mirror.”

The client had no awareness of any accident at all, and because his dashcam had been out of order for several months, it was difficult to ascertain the situation.

The greater problem was that the victim, in an agitated state, strongly wished for punishment, claiming ‘intentional flight’ and that ‘the assertion of having no awareness of the accident was a lie.’

On top of this, since the client was working at a public enterprise, it was a very sensitive situation in which, if the case led to criminal punishment, disadvantages to his status such as disciplinary action were anticipated.

For this reason, he came to a traffic accident law firm and requested assistance in defending against the charge.

2. Case Information Explained by the Traffic Accident Law Firm

As in the case of the client who came to the traffic accident law firm, if a driver causes a traffic accident through negligence and thereby inflicts injury on a person, the offense of causing injury applies under Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (Special Cases concerning Punishment)

① Where a driver of a vehicle commits the offense under Article 268 of the 「Criminal Act」 due to a traffic accident, the driver shall be punished by imprisonment without labor for not more than five years or by a fine not exceeding 20 million won.

Criminal Act, Article 268 (Death or Injury by Occupational or Gross Negligence)

A person who causes the death of or injury to another by occupational negligence or gross negligence shall be punished by imprisonment without labor for not more than five years or by a fine not exceeding 20 million won.

In this case, under Article 268 of the Criminal Act, the penalty is imprisonment without labor for not more than five years or a fine not exceeding 20 million won.


By contrast, if it is recognized that the client left the scene without taking measures to aid the victim despite being aware of the accident, the charge of ‘hit-and-run causing injury’ applies under the Act on Aggravated Punishment of Specific Crimes.

In this case, a much heavier criminal punishment follows, namely imprisonment for a definite term of not less than one year or a fine of not less than 5 million won and not more than 30 million won.

The Issues in the Case Identified by the Traffic Accident Attorney

The three key points of this case identified by the traffic accident attorney were as follows.

① Whether the accident was perceived

② The possibility of constituting hit-and-run causing injury

③ Whether there was responsibility for the injury


For a charge of injury under the Act on Special Cases concerning the Settlement of Traffic Accidents to apply, the suspect must have breached an occupational duty of care, and for hit-and-run causing injury to be established, perception of the accident and breach of the duty to provide aid must be proven.

However, the client did not perceive the fact of the impact, and the vehicle’s side mirror also remained in normal condition as he continued driving.

In response, the traffic accident law firm set about clearly structuring the facts of the accident situation and establishing a strategy to block the hit-and-run causing injury charge.

3. The Traffic Accident Law Firm's Defense Strategy

Defense strategy for violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by the traffic accident law firm



In this case, the traffic accident law firm worked, through the following two-pronged strategy, to thoroughly block the charge of hit-and-run causing injury and to lead the defense against punishment for the injury charge.

Traffic Accident Attorney: Blocking the Establishment of the Hit-and-Run Injury Charge

For the crime of hit-and-run causing injury to be established, it must be clearly proven that the suspect left the scene without taking measures to provide aid, despite being aware that an accident had occurred.

However, in this case, the side-mirror contact at the time of the accident was minor and there was no abnormality in appearance.

Moreover, it was possible to prove, by securing the rear dashcam footage of the vehicle ahead, the circumstance that the victim also did not take any action to clearly inform the client of the fact of the accident.

On the basis of these circumstances, the traffic accident attorney fundamentally blocked the establishment of the hit-and-run causing injury charge.

Traffic Accident Attorney: Demonstrating No Right to Prosecute on the Injury Charge

The injury claimed by the victim was a minor sprain requiring about 2 weeks of treatment, and the client's vehicle was covered by comprehensive insurance.

Accordingly, the traffic accident attorney argued that, under Article 4 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the case fell under no right to prosecute and was thus excluded from being subject to criminal punishment.

Act on Special Cases concerning the Settlement of Traffic Accidents Article 4 (Special Cases where Insurance, etc. is Subscribed)


(1) Where a vehicle that caused a traffic accident is covered by insurance or mutual aid under Articles 4, 126, 127, and 128 of the Insurance Business Act, Article 60 or 61 of the Passenger Transport Service Act, or Article 51 of the Trucking Transport Business Act, no public prosecution may be instituted against the driver of the vehicle who has committed the crime prescribed in the main text of Article 3(2).

4. Result of the Traffic Accident Law Firm's Assistance: Non-Referral

Case of non-referral for injury handled by the traffic accident law firm



Accepting the arguments of the traffic accident law firm, the police decided not to book the client on the hit-and-run causing injury charge.

In addition, with respect to the injury charge, on the basis of the fact that the client had comprehensive insurance, the police issued a 'non-referral decision' on the ground of no right to prosecute.

As a result, the client was able to conclude the case without criminal punishment, and was also able to avoid any disciplinary action at work or any administrative disadvantage.

Even a Minor Fender Bender May Call for a Prompt Response

Even with an accident in an alley or a minor contact, if the conflict with the victim grows, the case may expand into charges such as hit-and-run causing injury or causing injury.

At Daeryun LLC, we actively protect clients through the following system.


∙ Operation of a dedicated consultation attorney system
: Accurate initial assessment and attorney assignment immediately upon occurrence of the case

∙ Formation of a dedicated team by case type
: Team-based response, including fact-finding, video analysis, and assistance with statements

∙ All-around assistance across insurance, criminal, and administrative matters
: Preparation ranging from insurance handling to police response and future workplace disadvantages

∙ Operation of a follow-up management service
: Prevention of the possibility of subsequent civil claims for damages or insurance disputes


If you are facing punishment due to the occurrence of a traffic accident, please entrust your case at any time through a 🔗legal consultation reservation.

교통사고법무법인

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.

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