Case with Assistance of an Attorney Specializing in Traffic Accidents | Suspension of Indictment for Traffic Accident Injury Protects a Public Official's Position

The client was a public official who ordinarily worked diligently.

One day, on a back road, while attempting a left turn, the client's field of view was narrowed by interference from another vehicle, and a collision occurred with a pedestrian crossing at a crosswalk that had no traffic signal.

Alarmed, the client immediately stopped the vehicle and promptly took measures such as calling an ambulance.

Fortunately, the victim was able to receive treatment without serious injury; however, the police began an investigation on suspicion of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (injury).

Afterward, the client expressed an anxious state of mind, asking, "If even a sentence of imprisonment without labor is imposed, would I be removed from my position right away?"

Indeed, because a public official becomes subject to automatic removal from office if a sentence of imprisonment without labor or heavier is imposed, the client, in a state of severe worry, sought out this firm's traffic attorney and requested assistance.

After consulting with the client, the traffic attorney reviewed all of the dashcam footage, photographs of the accident scene, and the police statement records in order to grasp the full circumstances of the case in detail.

As a result of the examination, it was difficult to view the circumstances at the time of the accident as attributable to the driver's carelessness alone.

In other words, while the client's neglect of the duty to look ahead was acknowledged, the accident was a situation in which the other vehicle's improper stopping and the pedestrian's breach of the duty of care acted together as combined factors.

On the basis of the 'priority for the vehicle on the road to the right' provision in Article 26(3) of the Road Traffic Act and the structural characteristics of the accident, the attorney specializing in traffic accidents emphasized that the client's conduct was not 'reckless driving' but rather an 'unavoidable accident under restricted visibility.'

Road Traffic Act Article 26 (Yielding at an Intersection without Traffic Control)

In addition, the attorney analyzed the road environment in which the accident occurred, the field of view, and the pedestrian's behavioral pattern from a traffic engineering perspective, and submitted this as reference material during the police investigation.

From immediately after the accident, the client sincerely apologized to the victim, acknowledged all the facts during the police investigation, and actively cooperated with the investigation.

To support the client's attitude, the attorney specializing in traffic accidents organized and submitted the letter of apology, the statement of reflection, and records of the apology messages.

These materials served as key grounds showing that the client was not simply 'a person trying to avoid punishment,' but a public servant who genuinely felt the weight of responsibility and was reflecting on the matter.

The attorney specializing in traffic accidents also focused on reaching an amicable settlement with the victim.

The victim initially expressed displeasure, but as the attorney mediated and conveyed a sincere apology and support for medical expenses, the victim ultimately stated clearly that they did not wish for punishment, saying, "The client responded conscientiously even to a minor accident."

The attorney accordingly submitted the settlement agreement and the statement of no wish for punishment, together with a petition written personally by the victim's father, strengthening the atmosphere for leniency.

The client also had a record of having received some form of criminal punishment, and was the head of a household responsible for the family's livelihood.

Accordingly, the attorney specializing in traffic accidents attached the family relationship certificate, petitions from colleagues at work, and records of commendations, highlighting that the client was a person who had ordinarily devoted themselves to public safety.

This was persuasively structured so that the client's 'social contribution as a public official' could be reflected as a factor in mitigation of sentence.

On the basis of Article 33(4) and Article 69 of the State Public Officials Act, the attorney specializing in traffic accidents emphasized the special situation of a public official, who is removed from office immediately upon the imposition of a sentence of imprisonment without labor or heavier.

State Public Officials Act Article 33 (Grounds for Disqualification)

Therefore, the attorney appealed that depriving the client of their status over a traffic accident caused by simple negligence would be an excessive sanction contrary to the principle of proportionality, and requested that leniency be granted to the client.

Article 27(1) of the Road Traffic Act provides that, where a pedestrian is crossing at a crosswalk, the driver shall stop temporarily before that crosswalk so as not to obstruct the pedestrian's crossing or pose a danger.

Paragraph (3) also provides, 'A driver shall not obstruct the passage of a pedestrian crossing an intersection at which traffic is not being controlled, or a road in the vicinity thereof.'

However, the client was found to have violated this provision by failing to fulfill the duty to look ahead while turning left, and thus came under suspicion of causing injury under the Act on Special Cases concerning the Settlement of Traffic Accidents.

The corresponding level of punishment is as follows.

Level of Punishment

Daeryun Law Firm has many attorneys with extensive experience handling criminal proceedings arising from traffic accidents.

Going beyond the role of simply representing clients in criminal proceedings, the firm provides systematic assistance, including analyzing the structure of the accident, organizing the reasoning for determining the proportion of fault through dashcam analysis, settling with the victim, and coordinating with the insurer.

In addition, as in the case above, where disadvantage to one's status is anticipated, the firm establishes and responds with a comprehensive defense strategy for that as well.

If you find yourself in a similar situation, please feel free at any time to entrust your case through a 🔗legal consultation appointment.