Traffic Accident Dedicated Attorney | Non-Prosecution for a Driver Facing Punishment for Hit-and-Run Causing Injury

The client, who operates a taxi business, was driving on a main road near home during the daytime and changed lanes from the second lane to the first lane while driving.

Continuing to drive, the client noticed a motorcycle that had fallen over behind, but continued driving without giving it much thought.

A short time later, the client received a call from the police saying that the client had been reported for hit-and-run causing injury, and, gripped by the fear that the client might face criminal punishment even though there had been no fault on the client's part at the time, the client came to a traffic accident dedicated attorney.

To establish the offense of causing injury under Article 5-3, Paragraph 1, Item 2 of the , the intent to flee must be proven.

The intent to flee is established when the suspect has 'the awareness of the act and the intention to carry it out, namely, fleeing without taking any measures despite knowing that the accident in this case occurred through his own negligence.'

The attorney handling the traffic accident case argued that the client had no intent to flee, because the client had never thought that the accident occurred through his own negligence.

At the time of the accident, the client changed lanes because a motorcycle was speeding and closely following from behind, and he did not realize that the motorcycle was also changing lanes after him.

On the other hand, the motorcycle that caused the accident did not observe the speed limit, and it was negligent in maintaining a safe distance from the vehicle ahead and in keeping a proper lookout.

The client did not activate his turn signal when changing lanes, but a safe distance from the motorcycle following behind was maintained.

Because the motorcycle did not collide with the client's vehicle, the client recognized only the fact that the motorcycle behind him had fallen.

The attorney handling the traffic accident case argued that the client was driving normally, whereas the motorcycle bore the negligence for the accident.

Under Article 5-3, Paragraph 1 of the Act on Aggravated Punishment of Specific Crimes, where the driver of a vehicle causes death or injury to a person through a traffic accident and flees without immediately stopping and taking necessary measures such as aiding the victim, hit-and-run causing injury or hit-and-run causing death is applied depending on the result.

Where hit-and-run causing injury is recognized, the offender is subject to imprisonment for a definite term of at least one year or a fine of at least 5 million won and not more than 30 million won.

The five constituent requirements of hit-and-run causing injury

Even where the victim sustains only a very minor injury, the charge of hit-and-run causing injury may be established, and even if the driver voluntarily reports the accident after it occurs, the driver remains subject to punishment.

However, as in this case, where the driver did not recognize the accident and had no intent to flee, it is possible to seek the assistance of an attorney handling traffic accident cases from the early stage in order to devise a response strategy.

If you are in a similar situation, because even a slight difference may change the way the law is applied and the future course of events, professional assistance is necessary.

If you are facing concerns related to such a case, please seek a consultation through the 🔗Traffic Accident Attorney Legal Consultation Booking.