Jeonju Traffic Accident Attorney | Defending with a Suspended Sentence Despite the Victim's Death from a Traffic Signal Violation

Through a consultation with the client, the Jeonju traffic accident attorney ascertained the circumstances at the time of the incident.

While entering an intersection, the client failed to notice that the traffic light had changed and continued straight, and while avoiding another vehicle that posed a risk of collision, the client failed to see and collided with a victim who was crossing the crosswalk.

The victim, who suffered serious injuries from this incident, ultimately died.

Because a fatality resulted from the client's traffic signal violation, breach of the duty to protect pedestrians, and breach of the duty to keep a proper lookout and drive safely, an actual custodial sentence was anticipated, and the client therefore requested assistance from Daeryun.

🔗fatal traffic accident Where a has been caused, the punishment for it is provided in the Act on Special Cases concerning the Settlement of Traffic Accidents.

Where a driver of a vehicle causes a person's death through occupational negligence or gross negligence in a traffic accident, the driver is punished by imprisonment without labor for not more than five years or a fine not exceeding twenty million won.

Where a child (under 13 years of age) is caused to die in a child protection zone, the driver is punished by life imprisonment or imprisonment for not less than three years.

In addition, unlike the crime of injury in a traffic accident, the principle of a crime not punishable against the victim's will, under which prosecution cannot be instituted where the victim does not wish for punishment, does not apply.

The client was deeply repenting the fact that he had driven with a complacent mindset, violated a traffic signal, and ultimately struck the victim, causing the victim's death.

The attorney argued that the client's daughter, who had also been in the vehicle at the time, likewise conveyed deep apologies to the victim.

The attorney argued that the client had compensated all of the victim's treatment costs and losses through the comprehensive automobile insurance he had joined, and had further delivered a deposit with an official depository to console the victim and the bereaved family for their sense of loss, and that the bereaved family did not wish for the client's punishment.

According to the CCTV, the speed at which the client struck the victim was not very fast, and the point of collision was the passenger-side of the vehicle.

In addition, immediately after the accident, the client stopped the vehicle and, together with his daughter who had been in the car, did his utmost to render aid, such as stopping the victim's bleeding and requesting a report from those nearby.

The Jeonju attorney argued above all that the victim was elderly, in his 90s, and that since the direct cause of death was pneumonia, the client was not the sole cause of the victim's death.