Busan Law Office Assistance | Non-prosecution for a Client Who Failed to Take Measures After an Accident

The client of the Busan Law Office was a young professional who commuted a long distance every day.

On the day of the incident, the client was driving to work as usual. While making a right turn at a crosswalk without a traffic light, the client reportedly failed to see a bicycle and collided with it.

However, the client did not realize that the victim had been struck and simply continued driving. While waiting at a traffic light, the victim came directly to the client and reported the matter.

Only then did the client learn of the accident. After confirming that the victim was all right, the client provided contact information, and the victim took a photograph of the client's identification card.

Because the client was pressed for time to get to work, the client left the scene of the accident. About five minutes later, the client sent the victim a text message stating that they would be responsible for the treatment costs.

Shortly thereafter, the client reportedly received a telephone call from the police asking the client to come in for questioning.

Through these circumstances, the client came to be suspected of ‘failure to take measures after an accident,’ and the client requested a legal consultation with an attorney at the Busan office.

What exactly is the charge against the client?

Response from the attorney at the Busan office

The client has been referred to the prosecution on the suspected fact of ‘failure to take measures after an accident.’

When a traffic accident occurs while driving and a person is injured or property is damaged, the driver must immediately stop the vehicle and take necessary measures, such as aiding the injured.

However, if no measures are taken, the conduct is deemed unlawful.

In other words, ‘failure to take measures after an accident’ is the charge that applies when an accident occurs while driving but the necessary measures are not taken.

What punishment applies in the case of ‘failure to take measures after an accident’?

Response from the attorney at the Busan office

A driver who fails to take the necessary measures even though an accident has occurred is punished on the charge of violating the Road Traffic Act.

If the charge is found to be established, imprisonment for not more than five years or a fine of not more than 15 million won is imposed.

However, this range of punishment is the range imposed when no personal injury has occurred.

If, after a traffic accident, the victim suffered injury or died and yet no measures were taken, the offense of hit-and-run causing death or injury under the Act on Aggravated Punishment of Specific Crimes applies, and the range of punishment becomes much higher.

While turning along a curve, the client failed to see the victim's bicycle and struck it, but the client did not realize this.

It was only when the victim came to the client, who was waiting at a traffic light, and reported the injury that the client came to learn of the accident.

Accordingly, the attorney at the Busan office argued that the client's leaving the scene of the accident without taking the necessary measures was not intentional.

After learning of the accident from the victim, the client immediately acknowledged the fault and apologized.

In addition, upon receiving the telephone call, the client went straight to the police station and actively cooperated with the investigation.

Accordingly, the attorney at the Busan office emphasized that the client deeply regretted the fault and had actively cooperated with the investigation from its early stages.

The attorney at the Busan office assisted so that they could reach an amicable settlement with the victim.

In addition, by obtaining and submitting a statement from the victim expressing that the victim did not wish for punishment, the attorney argued that the client had reached an amicable settlement with the victim.

The above case was an instance in which a client who left the scene of an accident without taking the necessary measures requested legal assistance from the Busan Law Office.

If you are facing difficulties such as those described above, you are welcome to entrust your case to the Busan Law Office of Daeryun.