[Wonju Traffic Accident Attorney Non-Referral Case] The Wonju Traffic Accident Attorney Obtained a Finding of No Suspicion of Crime

The Wonju traffic accident attorney participated directly in the consultation and communicated with the client.

The client had no prior conviction for the same type of offense but had a prior conviction for drunk driving, had not yet been investigated by the police, and had been entirely unaware of the accident.

On the basis of this consultation, the traffic accident attorney developed a defense strategy.

The purpose of the Road Traffic Act, as the Wonju traffic accident attorney describes it in this case, is set out below.

• Article 1 (Purpose) The purpose of this Act is to prevent and remove all dangers and obstructions arising in road traffic and to secure safe and smooth traffic.

Within that statute, the provision that addresses hit-and-run is the following provision.

• Article 54 (Measures upon Occurrence of an Accident) ① Where a person has been killed or injured or property has been damaged (hereinafter referred to as a "traffic accident") due to the operation of a vehicle or streetcar or other traffic, the driver of that vehicle or streetcar or other crew member (hereinafter referred to as the "driver, etc.") shall immediately stop and take the following measures.

1. Measures necessary to aid the casualties

2. Provision of personal information (name, telephone number, address, and the like; the same shall apply hereinafter in Articles 148 and 156, subparagraph 10) to the victim

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

The Wonju traffic accident attorney learned that the client was to undergo a police investigation for failure to take measures after a traffic accident, and

based on the client's circumstances at the time as related during the consultation, the attorney organized the points that needed to be argued as significant.

The other party also made an unreasonable demand for a settlement amount, and following the attorney's advice the client declined it,

and the client then cooperated faithfully in the ensuing police investigation with the attorney's assistance.

Based on what was heard during the consultation, the Wonju traffic accident attorney raised questions about the other party's conduct.

The point was that the other party did not report the incident to the police immediately after the accident, but instead contacted the client personally and attempted to reach a settlement.

Attempting to settle quietly is not in itself unusual, but the settlement amount was excessively high relative to the severity of the accident,

and the attorney argued that there was room to suspect this might be a deliberate hit-and-run report intended to extract money from the other party.

Pointing to the extent of the damage after the accident, the Wonju traffic accident attorney argued that it was a very minor accident and that a contact of this degree was likely something the client would not have noticed at all.

In fact, the client was entirely unaware that the incident had occurred, and did not intentionally flee the scene after the incident.

The traffic accident attorney strongly emphasized that the client had not perceived the accident.

The investigative authority accepted the Wonju traffic accident attorney's arguments as presented, and

finding no evidence to rebut the argument that the client had not perceived the accident, it reached a non-referral conclusion on the ground of insufficient evidence.

This is a case in which an acquittal-equivalent conclusion was obtained without yielding to the victim's unreasonable demand for a settlement amount.

If you are involved in a hit-and-run case and the victim is making an unreasonable settlement demand, you may visit Daeryun and consult with a traffic accident attorney.

Depending on the circumstances of the case and the extent of the damage, assistance may be available.