CONTENTS
- 1. The Client Involved in a Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents Case
- - Background of the Case
- 2. Strategy for Leniency in the Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents Case
- - Apology to the Victim's Bereaved Family and Efforts to Reach a Settlement
- - Faithful Cooperation at the Investigation Stage
- - Proving First-Time Offender Status
- 3. Result of the Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents Case: 'Suspended Sentence'
- 4. Level of Punishment for a Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents
- - The Twelve Categories of Gross Negligence
- - Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents FAQ
- - If You Need the Assistance of a Professional?
1. The Client Involved in a Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents Case
The client, who was involved in a case of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, faced the prospect of an actual custodial sentence because the traffic accident occurred through one of the twelve categories of gross negligence, but with the assistance of a lawyer, the client was able to receive a suspended sentence.
Background of the Case
The client was a man working in the logistics and delivery industry.
On the day of the incident, the client failed to check the traffic signal because of backlighting, and as a result an accident occurred with a pedestrian who was on foot.
The victim was transported to a hospital unconscious but ultimately passed away, and the client felt great shock and anxiety at the thought that he might receive an actual custodial sentence on the charge of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.
In this situation, the client, having concluded that he could no longer resolve the matter on his own, requested the help of a lawyer who had handled many cases of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.
2. Strategy for Leniency in the Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents Case
The main issue in this case was clearly establishing the client's degree of fault and the circumstances of the accident.
In addition, the absence of any intent to flee immediately after the accident and the efforts to reach a settlement with the victim's bereaved family had an important influence on the sentencing.
Finally, the key strategy was to minimize criminal liability by demonstrating that the client was a first-time offender who had cooperated faithfully with the investigation.
Accordingly, the lawyer prepared the following strategy to help the client receive a suspended sentence.
Apology to the Victim's Bereaved Family and Efforts to Reach a Settlement
After the accident, the client sincerely apologized to the victim's bereaved family and requested the help of a lawyer in order to resolve the matter amicably.
The lawyer provided legal and practical support, including drafting a letter of apology, negotiating the terms of the settlement, and arranging meetings, so that the client's sincerity could be conveyed.
As a result, the victim's bereaved family acknowledged the client's apology and settlement efforts and formally submitted, through a petition, their intention that they no longer sought criminal punishment.
Faithful Cooperation at the Investigation Stage
During the police investigation, the client stated everything he knew and responded faithfully to the inquiry.
In order to demonstrate this responsible attitude on the part of the client, the lawyer submitted the interrogation record as evidence and prepared a written opinion emphasizing the fact that the client had actively cooperated during the investigation.
Proving First-Time Offender Status
The lawyer obtained the client's criminal record inquiry report to prove that the client had no prior criminal punishment before this Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents case, and submitted it to the court so that the client's status as a first-time offender could be reflected favorably in the sentencing.
Through this, the lawyer demonstrated that the client had lived as a law-abiding member of society and established grounds on which an actual custodial sentence could be avoided.
3. Result of the Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents Case: 'Suspended Sentence'
Thanks to the lawyer's professional assistance and systematic defense strategy, the client was able to receive a suspended sentence at trial.
A multifaceted strategy, including the settlement with the victim's bereaved family, cooperation with the investigation, proof of first-time offender status, and the securing of objective evidence, had a decisive influence on the result.
Through this, the client was able to avoid an actual custodial sentence, minimize his criminal liability, and bring the matter to an amicable conclusion.
4. Level of Punishment for a Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents
When a victim dies as a result of a Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the following punishment applies.
The offense of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (death) is a crime that is established when a person causes a traffic accident through negligence and thereby causes the death of another person.
| Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents | A person shall be punished by imprisonment without labor for not more than five years or by a fine not exceeding 20 million won. |
The Twelve Categories of Gross Negligence
The client's accident, one of the twelve categories of gross negligence, occurred as a result of a traffic signal violation.
The twelve categories of gross negligence are as follows.
If you are involved in a case falling under one of the twelve categories of gross negligence, you may be subject to criminal punishment regardless of whether you are covered by comprehensive automobile insurance, so it is advisable to promptly consult a lawyer and prepare a response strategy.
· Crossing the center line
· Speeding
· Violation of the prohibition on overtaking
· Violation at a railroad crossing
· Violation of the duty to protect pedestrians at a crosswalk
· Driving without a license
· Drunk driving and drug-impaired driving
· Driving onto the sidewalk
· Violation of the duty to prevent passengers from falling
· Violation of the safety duty in a child protection zone
· Violation of the duty to secure cargo
Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents FAQ
A. Yes. A settlement with and an apology to the victim's bereaved family are reflected as important factors when the court determines the sentence. A settlement can have a positive effect in minimizing criminal punishment.Q. In a Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents case, does reaching a settlement with the victim's bereaved family affect the sentence?
A. At the investigation stage, it is important to respond faithfully to the inquiry and to state the facts truthfully. With the assistance of a lawyer, securing evidence such as the interrogation record and submitting proof of active cooperation to the court can help in mitigating the sentence.Q. How should I respond at the investigation stage in connection with a charge of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents?
If You Need the Assistance of a Professional?
In a Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents case, the level of punishment can vary greatly depending on the circumstances of the accident, whether the victim died, and the manner of response, and in some cases it can extend to administrative and civil liability.
Therefore, the assistance of a lawyer who can accurately analyze the circumstances of the case from the early stage and establish a multifaceted strategy, including a settlement with the victim, the securing of evidence, and cooperation with the investigation, is very important.
Daeryun Law Firm has many lawyers with extensive experience in traffic accident cases, and it prepares response measures tailored to the situation and structures a strategy accordingly.
In addition, through collaboration with lawyers specializing in civil and administrative matters, the firm prepares a comprehensive response that takes into account any damages claims or administrative disputes that may arise afterward.
If you are experiencing difficulty in a situation such as the one described above, please request assistance at any time through Daeryun Law Firm's 🔗legal consultation booking.
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.
