Defense Against a Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents | Suspension of Indictment for the At-Fault Client

On the day of the incident, the client was driving a vehicle on the way to a meeting place.

Thereafter, there was an icy section on the road, the vehicle slid, and it collided head-on with an oncoming vehicle.

Immediately after the accident, the police were dispatched and assessed the situation, and the client was subjected to a police investigation.

Ultimately, the client became involved in a case for a Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and requested the help of a traffic accident attorney in order to obtain the most lenient treatment possible through a settlement with the victim's side.

The main issues in this case were as follows.

In particular, whether the client had intent or willful negligence, and whether there was sufficient material to prove that the accident was accidental and a result of force majeure, had a decisive effect on the outcome of the disposition.

However, in the client's case, the crossing of the center line at the time of the accident occurred unavoidably due to the icing of the road, and there was no intent or willful negligence whatsoever.

Accordingly, the traffic accident attorney established a strategy to clearly ascertain the facts of the accident and to defend against punishment.

The client requested the help of a traffic accident attorney in order to reach an amicable settlement with the victim's side.

The traffic accident attorney proposed an appropriate settlement amount, taking into comprehensive consideration the extent of the victims' injuries, their treatment period, and their mental suffering.

It was emphasized that, in response, the victims accepted the client's settlement proposal and submitted written statements expressing that they did not wish for criminal punishment.

The traffic accident attorney emphasized that it was merely an accidental incident that occurred because the client had been unable to anticipate the icy road conditions in advance, and that there was no intent or willful negligence whatsoever.

Accordingly, on the basis of photographs of the accident scene, weather data, and other materials, the attorney specifically explained the icy condition of the road at the time and argued that this traffic accident was an event of force majeure caused by a natural winter phenomenon.

The client was an exemplary driver who had driven diligently since obtaining a driver's license, without a single traffic regulation violation or accident.

Accordingly, the traffic accident attorney submitted a driving record certificate as evidence and emphasized that the client had no speeding or traffic signal violations, nor even any minor violations.

In cases involving violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the key issues addressed include the degree of the victim's injury, whether a settlement has been reached, and whether the driver was at fault. At the same time, an amicable settlement with the victim and an attitude of remorse have a significant influence on the outcome of the disposition.

At Daeryun Law Firm, attorneys with extensive experience in cases involving violation of the Act on Special Cases concerning the Settlement of Traffic Accidents closely analyze the circumstances of the accident and the issues from the early stages of the case and prepare a prompt response.

In addition, through accompaniment during police questioning, support for reaching a settlement with the victim, preparation of a letter of apology, and securing various materials in mitigation, we manage the case carefully so that it does not unnecessarily lead to a criminal trial.

If you have become involved in a case of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in a situation such as the above, please request assistance at any time through Daeryun Law Firm's 🔗Legal Consultation Booking.