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Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Injury)
Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Injury)Suspended Sentence

Daegu Law Firm Assistance | Defending Against a Suspended Sentence for Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents

The client, who was booked on a charge of causing injury to a victim in a traffic accident, visited Daeryun's Daegu office while looking for a law firm to help.

1. The Client's Situation

Daegu law firm

The client visited Daeryun's Daegu office in order to succeed in defending against punishment through the assistance of a law firm with experience handling a variety of traffic accident cases.

How the Client Came to Daegu Law Firm

The background of the client who consulted with Daegu Law Firm is as follows.

The client had worked in driving for many years and made a living from it.

While driving as usual, the client made a right turn despite a red light and proceeded into a crosswalk where the green pedestrian signal was on.

Having neglected the duty of care required in the course of work, the client struck the victim, who was crossing the crosswalk, with the front bumper of the freight truck.

As a result of the accident, the victim suffered serious injuries, including a fracture requiring approximately eight weeks of treatment.

Because conduct of this kind threatens the lives of others and creates a significant danger, the courts treat such cases with great seriousness.

The client came to Daegu Law Firm to resolve the matter together with an attorney experienced in handling various 🔗Act on Special Cases concerning the Settlement of Traffic Accidentsviolation cases.

2. Statutes Relevant to the Case, as Explained by Daegu Law Firm

The charge against the client who sought assistance from Daegu Law Firm was violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (injury).

A person who, through a mistake or serious negligence in the course of work, causes injury to or the death of another may be punished.

Criminal Act Article 268 (Death or Injury by Occupational or Gross Negligence)
A person who causes the death of or injury to another through occupational negligence or gross negligence shall be punished by imprisonment without labor for not more than five years or by a fine not exceeding 20 million won.

Act on Special Cases concerning the Settlement of Traffic Accidents Article 3 (Special Cases concerning Punishment)
If a driver of a vehicle commits an offense under Article 268 of the Criminal Act through a traffic accident, the driver shall be punished by imprisonment without labor for not more than five years or by a fine not exceeding 20 million won.

The Four Types of Traffic Accidents

① Violation of the Road Traffic Act

: Conduct that violates traffic signals, traffic safety signs, road surface markings, or the like prescribed in the Road Traffic Act

② Death or injury by occupational negligence

: An offense committed when a person performing work causes injury to or the death of another through negligence

③ The 12 categories of gross negligence

: The 12 types of traffic accidents prescribed in the Act on Special Cases concerning the Settlement of Traffic Accidents, for which criminal punishment is possible regardless of a settlement with the victim or insurance coverage

④ Violation of the Act on Aggravated Punishment of Specific Crimes

: A case in which the driver of a vehicle who has committed the offense of death or injury by occupational or gross negligence through the operation of the vehicle flees without taking measures required at the time of the accident, such as rescuing the victim, or moves and abandons the victim away from the scene of the accident and then flees

3. The Assistance Provided by Daegu Law Firm

Daegu Law Firm analyzed the circumstances of the case in detail, established a careful strategy, and argued the following points in seeking leniency for the client.

Daegu Law Firm Argument ① Sincere Remorse

Although the client should have driven with even greater care, his concentration declined at night, he mistook the signal, and the accident occurred.

The client emphasized that he blamed himself for causing significant harm through his own carelessness, that he was remorseful, and that he had been driving with greater care since the incident.

Daegu Law Firm Argument ② Settlement with the Victim

The client expressed deep remorse for having caused serious injury to the victim by failing to fully exercise the duty of care while driving.

The client conveyed a sincere apology to the victim and paid a settlement amount.

He made efforts to compensate the victim for the loss, and it was emphasized that the victim also did not wish for the client to be punished.

Daegu Law Firm Argument ③ Low Likelihood of Reoffending

The client had lived as a diligent member of society with no prior convictions, whether of the same kind or any other.

The client's family and acquaintances feel a deep sense of responsibility for this case and have pledged to actively help him improve.

It was emphasized that, with strong social ties as well, the risk of reoffending is very low.

4. The Court's Decision on Daegu Law Firm's Arguments

Accepting Daegu Law Firm's arguments, the court issued a decision that ‘the defendant shall be sentenced to eight months of imprisonment without labor. However, the execution of the above sentence shall be suspended for two years from the date this judgment becomes final.’

The client conveyed his deep gratitude to Daegu Law Firm.

If You Need the Help of Daegu Law Firm

In traffic accident cases, the prosecutor may bring a public prosecution even if a civil and criminal settlement is reached, so receiving the assistance of an attorney at the early stage of the case can be helpful.

Daeryun's 🔗traffic accident attorneysprepare prompt responses through thorough review of the accident scene and investigation of the evidence.

Attorneys across multiple fields, including traffic accidents, damages, and insurance, provide one-stop legal services.

If you need the assistance of an attorney in a situation similar to the case above, you are welcome to come to Daegu Law Firm at any time.

대구법무법인 조력 | 교통사고처리특례법위반 집행유예 방어

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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