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Anyang Criminal Attorney, Assistance | Anyang Criminal Attorney Establishes the Client's Innocence in a Failure-to-Take-Measures Case
The Anyang criminal attorney was sought out by a client who, having become involved in allegations of leaving the scene without taking measures after causing a traffic accident, requested the help of the criminal attorney at the Anyang office.
1. The Client Who Came to the Anyang Criminal Attorney
The Anyang criminal attorney was sought out by a client who, in order to clear himself of the 🔗failure to take measures after an accident allegation with the assistance of a specialized attorney, requested a consultation with the criminal attorney at the Anyang office.
How the Client Came to the Anyang Criminal Attorney
The client in this case collided with another vehicle while driving to work.
At the time of the incident, the collision was so minor that the client did not recognize the accident and continued driving, which became the issue.
The other party's vehicle reported the client for failure to take measures after an accident, alleging that the client had left the scene without taking any measures.
The client had not been aware that an accident had occurred at all and was greatly bewildered upon being contacted by the police.
In order to clear himself of the failure-to-take-measures allegation with the assistance of a specialized attorney, he requested the help of the criminal attorney at the Anyang office.
2. Relevant Statutes Explained by an Anyang Criminal Attorney
Aggravated Punishment of a Driver of a Fleeing Vehicle
Act on Aggravated Punishment of Specific Crimes, Article 5-3 (Aggravated Punishment of a Driver of a Fleeing Vehicle)
① Road Traffic Act Article 2, the operation of a motor vehicle, motorized bicycle, or Construction Machinery Management Act Article 26 (1) construction machinery other than that under the proviso (hereinafter referred to as a “motor vehicle, etc.”), where the driver causes an offense under Criminal Act Article 268 by such operation (hereinafter referred to as the “accident driver”) and flees without taking measures to rescue the victim under Road Traffic Act Article 54 (1), shall be subject to aggravated punishment according to the following classifications.
- Where the driver causes the death of the victim and flees, or the victim dies after the driver has fled, 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 by a fine of at least 5 million won and not more than 30 million won.
Road Traffic Act, Article 54 (Measures at the Time of an Accident)
① Where a person has caused injury or death to a person, or has damaged property (hereinafter referred to as a “traffic accident”), by the operation of a vehicle or tram, the driver or other crew member of such vehicle or tram (hereinafter referred to as a “driver, etc.”) shall immediately stop and take the following measures.
- Necessary measures such as rescuing the casualties
- Providing personal information (referring to the name, telephone number, address, etc.) to the victim
3. Assistance Provided by the Anyang Criminal Attorney
In order to establish the client's innocence, the Anyang criminal attorney gathered all favorable evidence and meticulously prepared his pleadings. The Anyang criminal attorney made the following arguments.
The Anyang Criminal Attorney Argued That the Client Had Not Recognized the Accident
The attorney emphasized that the accident produced only a scratch so slight that even the dashcam in the client's vehicle did not detect any impact, and that the client had not recognized the accident at all.
The Anyang Criminal Attorney Argued That the Client Had No Motive to Commit the Offense
The attorney emphasized that, because the client's vehicle was covered by comprehensive automobile insurance, the client had no actual out-of-pocket amount to pay in order to compensate for the damage, and therefore had no motive whatsoever to flee at the risk of criminal punishment.
The Anyang Criminal Attorney Argued That the Client Had No Intent in Leaving the Scene
After the accident occurred, the other party's vehicle sounded its horn, so the client looked at it, but the other vehicle stopped briefly and then continued on.
The attorney emphasized that the client believed this to be no more than a simple protest and left the scene accordingly, and that there was no intent in leaving the scene.
4. The Court's Decision on the Anyang Criminal Attorney's Arguments
The court accepted the Anyang criminal attorney's arguments and pronounced a verdict of 'not guilty.'
If You Need the Help of the Anyang Criminal Attorney
In criminal cases, the initial response is very important.
In order to secure the critical early window, the assistance of an attorney specializing in criminal matters can be said to be essential.
Daeryun LLC forms criminal-law specialist teams of three to twenty attorneys appropriate to the scale of the case and presents a reasonable and sound 🔗criminal case strategy.
If you need the assistance of a specialized attorney, please seek out Daeryun LLC, which offers consultations and emergency response 24 hours a day, 365 days a year.
This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
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