[Military Criminal Specialist Attorney Success Case] Non-Prosecution Decision for Hit-and-Run Causing Injury and Failure to Take Measures After an Accident, With the Assistance of a Military Criminal Specialist Attorney

Because the Military Criminal Act has no separate provision on traffic accidents, even a person with the status of soldier is subject to punishment under the Road Traffic Act.

• Article 5-3 of the Act on Aggravated Punishment of Specific Crimes (Aggravated Punishment of Drivers of Fleeing Vehicles)

(1) the Road Traffic Act Article 2, namely, where the driver of an automobile, motorized bicycle, or construction machinery other than the construction machinery under the proviso to the Construction Machinery Management Act Article 26 (1) (hereinafter "automobile, etc."), commits, through the operation of such automobile, etc., an offense under the Criminal Act Article 268, and such driver (hereinafter "accident-causing driver") flees without taking measures, such as rescuing the victim, under the Road Traffic Act Article 54 (1), the driver shall be subject to aggravated punishment as classified under the following subparagraphs.

- Where the driver causes the death of the victim and flees, or the victim dies after the driver flees, the driver shall be punished by imprisonment for life or for at least 5 years.

- Where the driver causes injury to the victim, the driver shall be punished by imprisonment for a definite term of at least 1 year or a fine of at least 5 million won but not more than 30 million won.

• Article 54 of the Road Traffic Act (Measures at the Time of an Accident)

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

- Necessary measures, such as rescuing the casualties

- Providing the victim with personal information (meaning name, telephone number, address, and the like)

The accident in this case occurred while the victim's vehicle was overtaking the client's vehicle and the client changed lanes.

The military criminal specialist attorney analyzed the accident thoroughly and defended the client on the following grounds.

▶The point that the client had been driving for only about 2 months and thus lacked driving experience

▶The point that the accident occurred at around 10 p.m., in dark conditions

▶The point that the victim's vehicle was black and thus an inconspicuous color

▶The point that the spot where the victim's vehicle was overtaking the client's vehicle was a so-called side-mirror blind spot

▶The point that construction was underway in the third lane at the accident spot, and the client mistook the impact for the vehicle being damaged due to the road conditions

▶The point that, immediately after the accident, the client continued to drive at normal speed, indicating no intent to flee

▶The point that the client became aware of the accident in this case only after arriving at the destination and checking the vehicle damage and the dashcam