Case Defending Against a Ten Categories of Gross Negligence Charge | Non-Prosecution of a Client Who Caused a Crosswalk Traffic Accident

While returning home after finishing work, the client made a left turn in haste at a crosswalk with no traffic light.

In the process, an accident occurred in which the client failed to notice a pedestrian crossing the crosswalk and struck the pedestrian.

As a result of this accident, the pedestrian was diagnosed with an injury requiring five weeks of treatment, and the client was booked for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and came to face a police investigation.

Accordingly, the client requested assistance from a traffic accident attorney, stating, “I want to reach an amicable settlement with the victim and obtain the greatest possible leniency.”

From immediately after the accident, the client gave priority to the victim's recovery and safety and took conscientious measures.

Accordingly, the traffic accident attorney visited the victim from the early stage of the case, explained the situation, and conveyed the client's sincere apology and willingness to take responsibility.

As a result, an amicable settlement was reached with the victim, and a clear expression that the victim did not wish for punishment, stating, “I no longer wish for any criminal punishment of the client,” was secured.

The traffic accident attorney first confirmed that the client was enrolled in comprehensive automobile insurance and actively made use of it in handling the accident.

The attorney then submitted the certificate of insurance enrollment as evidence and, separately from the criminal settlement, carried out the procedures so that the victim's medical expenses and other civil losses could be promptly recovered.

In addition, the attorney coordinated so that the compensation would not be delayed and carefully assisted so that the client would not bear an unnecessary burden.

The client had no criminal record whatsoever to date and was a member of society who ordinarily lived conscientiously and fulfilled responsibilities to family and the community.

Accordingly, the traffic accident attorney actively assisted so that the client's good character and sense of responsibility could be sufficiently taken into account.

An accident referred to in practice as one of the ‘ten categories of gross negligence’ is a type falling under the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and refers to an exceptional ground on which a public prosecution may be brought regardless of the victim's wish not to punish or whether comprehensive insurance has been taken out.

Under the current statute, there are a total of 12 such types, which include signal violation, crossing the center line, exceeding the speed limit by more than 20 km/h, and violation of the duty to protect pedestrians at a crosswalk.

Under the Road Traffic Act, a driver must make a temporary stop in order to protect pedestrians crossing at a crosswalk and must not obstruct their passage.

However, the client neglected the duty to keep a lookout ahead while making a left turn and collided with a pedestrian crossing a crosswalk without a traffic light, thereby violating the duty to protect pedestrians.

As a result, the client came to face a charge of causing injury under the Act on Special Cases concerning the Settlement of Traffic Accidents.

Severity of the Penalty