Incheon Hit-and-Run Attorney Assistance | Incheon Attorney Who Obtained a Non-Prosecution Decision for a Client Reported for Hit-and-Run

The client of the Incheon hit-and-run attorney was reported by her husband, with whom she was currently in divorce litigation.

The day of the incident was a visitation day between the children and the husband, and it was the day they met in a parking lot for the client to take custody of the children from the husband.

When the children had all boarded the vehicle and the client was also seated in the driver's seat, the husband asked the children about their schedule for the next visitation day, but when the client said they already had a commitment, the angry husband shouted and used violence, such as kicking the driver's door and the side mirror.

Wanting to leave the bewildering and frightening situation quickly, she hurriedly tried to drive out of the parking lot.

In this situation, the husband claimed that his foot had been run over, but the client, who was unaware of this, left the parking lot in that manner and was reported for hit-and-run by the husband.

The husband, the alleged victim, asserted that the client faced a charge of ‘hit-and-run causing injury.’

He claimed that, even though his foot had been run over and he had fallen, she fled while leaving him unattended.

What is the crime of hit-and-run causing injury?

The crime of hit-and-run causing injury, commonly also called ‘hit-and-run,’ is a charge that may apply where a driver, while operating a vehicle on the road, causes property damage or personal injury but fails to provide proper rescue measures for the victim or fails to take adequate subsequent measures.

The relevant applicable charge is as follows.

「Road Traffic Act」

▣ Article 54 (Measures at the Time of an Accident)

(1) Where a person is killed or injured or property is damaged due to traffic such as the operation of a vehicle or tram (hereinafter referred to as a "traffic accident"), the driver of the vehicle or tram or another crew member (hereinafter referred to as the "driver, etc.") shall immediately stop and take the following measures.

1. Necessary measures, such as rescuing the casualties

2. Providing the victim with personal information (meaning name, telephone number, address, etc.; the same shall apply in Article 148 and Article 156, Item 10)

▣ Article 148 (Penalty Provisions) A person who fails to take the measures at the time of a traffic accident under Article 54 (1) shall be punished by imprisonment for not more than 5 years or a fine not exceeding 15 million won.

On the day of the incident, even though the children were all in the vehicle, the husband displayed violence, such as striking the car door and folding in the side mirror.

She wished to leave the parking lot quickly to calm the children, and the attorney argued that, in this situation, it was difficult for her to know that the victim had been run over by the vehicle's wheel.

Because she did not know this fact and intentionally flee, the client lacked the very intent required as an element of the offense,

and the attorney argued that, even if such intent existed, the conduct constituted an 'act of necessity' or a 'justifiable act,' and therefore was not unlawful.

The husband used the CCTV footage as evidence to claim that his foot had been run over and he had fallen, but the attorney argued that whether the victim's foot had actually been pinned under the vehicle while the client was driving out of the parking lot could not be precisely shown by the CCTV footage alone.

A hit-and-run case proceeds because, from the victim's standpoint, it cannot be known whether the person fled while aware of the accident or fled without recognizing it.

If you become involved in such a matter, it may be helpful to work out a solution and prepare for trial together with an Incheon hit-and-run attorney at Daeryun who has extensive experience in hit-and-run cases.