Suncheon Law Office | A Suncheon Attorney Who Achieved a Suspended Sentence Despite the Deaths of Two Victims in a Traffic Accident

While the client was driving with friends on board, in conditions that had grown dark due to the late hour, he committed a traffic signal violation and speeding.

He then belatedly noticed the presence of the other vehicle and hastily applied the brakes, but collided heavily with it.

After the accident, the client and his friends immediately called 119 and rushed to the other vehicle to administer emergency aid to the injured .

However, two victims ultimately died, and the matter was referred for criminal trial.

The client was placed at risk of an immediate custodial sentence under the Act on Special Cases concerning the Settlement of Traffic Accidents, and earnestly pleaded that he be spared an immediate custodial sentence.

The client caused a traffic accident through speeding. This falls under the 🔗12 Categories of Gross Negligence.

The 12 categories of gross negligence traffic accidents refer to the 12 gross negligence traffic accidents prescribed in the Act on Special Cases concerning the Settlement of Traffic Accidents. In these cases, even if the driver is covered by insurance, the driver is subject to criminal punishment.

▣ 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 crime under Article 268 of the 「Criminal Act」 as a result of a traffic accident, such person shall be punished by imprisonment without labor for up to five years or a fine of up to 20 million won.

▣ 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 up to five years or a fine of up to 20 million won.

The client reached settlements respectively with all of the victims who had been passengers in the other vehicle, as well as with the bereaved family of the deceased victim.

He obtained a settlement agreement and a statement of no desire for punishment from each of the victims, and requested that these points be taken into consideration.

The client is a very young man and had no criminal history of any kind prior to this accident.

The client is deeply remorseful in light of this accident, and his driver's license has been revoked as a result of a license revocation.

The client's parents emphasized that, even when a time comes at which the client could reacquire a driver's license, they intend to ensure that he cannot obtain one, so that there is no risk of reoffending.

After joining the military, the client was sent home due to circumstances such as depression, insomnia, and suicide attempts, and he is currently serving as a social service worker.

The hospital's diagnosis was "depressive disorder," together with an opinion noting borderline intellectual functioning and difficulty with impulse control.

Accordingly, it was requested that consideration be given to the point that this accident as well arose from the various mental difficulties from which the client had previously been suffering.

If a settlement is reached with a traffic accident victim, criminal disposition may be avoided; however, if the victim has died, an immediate custodial sentence may be imposed even where a settlement has been reached upon receiving a statement of no desire for punishment.

Therefore, in addition to a settlement with the victim, we recommend consulting with an attorney experienced in such matters so that various factors for a reduction of sentence can be gathered.

Daeryun LLC has an investigation response team with extensive experience in police and prosecution investigations that does its utmost to assist clients placed at risk of criminal punishment due to a traffic accident.

If you need help, please visit Daeryun 🔗Suncheon attorney at any time.