Case of Death by a Traffic Accident | A Traffic Accident Fatality Occurring During an Unprotected Left Turn, Resulting in a Fine

The client was a young graduate student who, late at night while returning home before a project presentation, was driving again to retrieve a laptop bag he had left behind.

While waiting at a signal in an unprotected left-turn area, the client confirmed that there were no vehicles ahead and began to make a slow left turn, when he suddenly collided with a motorcycle traveling straight from the opposite direction at 30 km/h over the speed limit.

The client immediately got out of the vehicle to check on the victim's condition and reported the accident to 119, remaining at the scene and assisting with the rescue until the emergency responders arrived.

However, the victim regrettably died at the hospital the following day.

The prosecution then indicted the client on charges of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (death), and Daeryun Law Firm represented the defendant in the criminal trial.

The client was a young student attending graduate school who was preparing with the goal of obtaining employment as a public official or at a public enterprise in the future.

Accordingly, as a result of this case, if the client were to be sentenced to a suspended sentence of imprisonment without labor or heavier, a situation could arise in which his career path would be completely blocked due to the grounds for disqualification from public office.

Article 33 of the State Public Officials Act (Grounds for Disqualification)

Accordingly, the core objectives of the case were established as follows.

In addition, the scene of the accident was an unprotected left-turn area, which was a complex situation in which not only the driver's breach of the duty to keep a proper lookout ahead but also the speeding of the victim motorcyclist served as a significant cause of the accident.

Accordingly, there was a risk that the defendant's negligence would be assessed excessively unless the specific facts, such as the order of entry into the intersection, the speed, and the sightlines, were reviewed comprehensively.

The traffic accident specialist attorney analyzed the traffic accident analysis report from the Korea Road Traffic Authority and the CCTV footage and proved that the victim's motorcycle had been traveling at approximately 80 km per hour, about 30 km over the 50 km speed limit, and had entered the intersection later than the client's vehicle.

Through this, the traffic accident attorney logically established the point that, “although the defendant's carelessness is acknowledged, the victim's speeding acted as the main cause of the accident.”

The attorney also comprehensively presented the facts that the client immediately reported the matter to 119 and undertook the rescue, and that the client voluntarily reported the matter to the police right after the accident and faithfully explained the facts.

Even in a section where unprotected left turns are permitted, a driver has a duty of care not to obstruct the passage of vehicles approaching from the opposite direction.

However, with the amendment of the Enforcement Rule of the Road Traffic Act, the legal assessment of accidents occurring during an unprotected left turn has changed.

In the past, even a case in which a driver obstructed the passage of another vehicle during an unprotected left turn was treated as a traffic signal violation, but the current Enforcement Rule eases this and provides that it constitutes a violation of the duty of safe driving.

Former Enforcement Rule of the Road Traffic Act

Current Enforcement Rule of the Road Traffic Act

On this point, the Supreme Court has held as follows.

Summary of Supreme Court Decision 2011Do2970, Decided July 28, 2011

Accordingly, on the basis of this legal principle and precedent, the traffic accident specialist attorney emphasized that the client's conduct amounted not to a serious violation of regulations but to minor negligence arising from a momentary lapse in the duty of care.

Upon learning of the victim's death, the defendant immediately expressed condolences and, after the funeral, visited the bereaved family in person and sincerely apologized.

The bereaved family accepted the defendant's attitude and, after receiving the driver's insurance proceeds and a separate settlement amount, submitted a statement of no desire for punishment indicating that they did not wish the defendant to be punished.

The traffic accident attorney submitted this fact to the court and established that the defendant had made not merely a monetary payment but a sincere apology and efforts to repair the harm.

The defendant had consistently led a diligent and responsible life, and had lived in such an exemplary manner that he was never once absent during his school years.

He had also engaged in various social contribution activities, including community service, blood donation, and educational volunteering.

The traffic accident attorney submitted letters of appeal from his academic advisor, laboratory colleagues, and family to support these points.

These served as materials showing that the defendant had become subject to criminal punishment only because of a momentary mistake, and that he was a person well worthy of being given another chance in society.

A fatal traffic accident case refers to a case in which a driver causes the death of another person through occupational negligence or gross negligence.

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

In such a case, a case of death by occupational negligence arising from driving may result in the following punishment under Article 3, Paragraph 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

Level of Punishment

However, even when a fatal accident has occurred as a result of a traffic accident, the sentence may vary depending on factors that may be taken into account, such as the circumstances of the accident, the degree of negligence of the driver and the victim, whether a settlement has been reached, and the bereaved family's intent regarding punishment.

As in this case, where the defendant's active settlement, expressed wish for leniency, and social and academic mitigating circumstances are sufficiently established, there is also a possibility that the case may be concluded with a fine rather than an actual custodial sentence.

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

Beyond merely representing clients in criminal procedures, the firm provides systematic assistance, including analysis of the accident's structure, calculation of the negligence ratio through examination of dashcam and CCTV footage, settlement with the victim, and coordination with insurers.

In particular, where disadvantages to one's status or effects on one's career are anticipated, as in this case, the firm establishes and responds with a comprehensive defense strategy that addresses such matters as well.

If you find yourself in a similar situation, 🔗Legal Consultation Reservation is available, and you are welcome to entrust your case to us at any time.