Assistance from a Tongyeong Criminal Attorney | A Tongyeong Criminal Attorney Defends a Client Charged with Causing Injury in a Traffic Accident, Achieving a Suspended Sentence

The client who came to the Tongyeong criminal attorney requested a consultation with the criminal attorney at the Tongyeong office in order to resolve the case with the assistance of an attorney specializing in traffic accidents.

Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (Special Cases concerning Punishment)

(1) Where the driver of a vehicle commits the offense under Article 268 of the Criminal Act (death or injury caused by occupational or gross negligence) as a result of a traffic accident, the driver shall be punished by imprisonment without labor for not more than five years or a fine not exceeding twenty million won.

(2) With respect to a driver who, through the operation of a vehicle, commits the offense of causing injury by occupational negligence or the offense of causing injury by gross negligence among the offenses under Paragraph 1, as well as the offense under Article 151 of the Road Traffic Act, a public prosecution may not be instituted against the explicit will of the victim.
However, this shall not apply where the driver of a vehicle commits the offense of causing injury by occupational negligence or by gross negligence among the offenses under Paragraph 1 and flees without taking measures under Article 54, Paragraph 1 of the Road Traffic Act, such as providing relief to the victim, or flees after moving the victim away from the scene of the accident and abandoning the victim; where the driver commits the same offense and, in violation of Article 44, Paragraph 2 of the Road Traffic Act, fails to comply with a demand for a sobriety test (excluding cases where the driver requests or consents to a blood test); and where the driver commits the same offense as a result of any of the acts falling under any of the following subparagraphs.

Criminal Act, Article 268 (Death or Injury Caused by Occupational or Gross Negligence)

A person who causes the death or injury of another through occupational negligence or gross negligence shall be punished by imprisonment without labor for not more than five years or a fine not exceeding twenty million won.

The Tongyeong criminal attorney established a careful strategy in order to obtain a suspended sentence in the client's case. The attorney presented the following arguments in the defense.

The court accepted the arguments of the Tongyeong criminal attorney and imposed a suspended sentence.