Deals & Cases

Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death), etc.
Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death), etc.Suspended Sentence

Pyeongtaek Law Firm Assistance Case | Charge of Causing Death by Traffic Accident, Securing a Suspended Sentence

The client was involved in a charge of causing death by traffic accident and, while looking for a law firm to turn to for help, came to Daeryun's Pyeongtaek office and requested a careful consultation.

1. The Client's Situation

Pyeongtaek Law Firm



The client wished to proceed with a law firm that holds years of data from handling traffic accident cases, and came to the Pyeongtaek office to request professional assistance.

The Circumstances That Brought the Client to the Pyeongtaek Law Firm

The account of the client, who had a careful consultation at the Pyeongtaek office, is as follows.

The client made a living working as a taxi driver.

Late one early morning, while driving with a passenger as usual, the client wanted to reach the destination quickly.

The client therefore ran a red light at an intersection and continued driving, and ultimately struck hard a vehicle that was traveling normally in the adjacent lane.

In that accident, the passenger riding in the client's taxi suffered injuries requiring six weeks of treatment, and the driver of the vehicle that was struck went into cardiac arrest and died.

A person engaged in the work of driving a motor vehicle has an occupational duty of care to look carefully ahead and to the left and right and to drive safely so as to prevent accidents.

Having neglected this duty, the client caused a serious accident and faced the risk of severe punishment.

The client requested help from the Pyeongtaek law firm in order to work with an attorney and reduce the sentence for the alleged violation of the 🔗Act on Special Cases concerning the Settlement of Traffic Accidents.

2. Laws Relevant to the Case, Explained by the Pyeongtaek Law Firm

The client, who had a consultation at the Pyeongtaek office, was booked on a charge of violating the Act on Special Cases concerning the Settlement of Traffic Accidents.

The Act on Special Cases concerning the Settlement of Traffic Accidents is a law that sets out special provisions for criminal punishment of drivers who cause traffic accidents through negligence.

A person who injures or kills another through a mistake or gross negligence in the course of their work may be punished.

Criminal Act Article 268 (Occupational and Gross Negligence Resulting in Death or Injury)
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 the driver of a vehicle commits an offense under Article 268 of the Criminal Act as a result of 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.

3. The Pyeongtaek Law Firm's Assistance

The Pyeongtaek law firm carefully analyzed the circumstances of the case and established a detailed strategy accordingly.

The firm advanced the following arguments and appealed for leniency for the client.

The Pyeongtaek Law Firm's Argument ① Sincere Remorse

The client caused great harm to many people through serious negligence in failing to fulfill an occupational duty of care.

The client feels guilt over having inflicted unbearable suffering on the victims through his mistaken judgment.

The firm emphasized that the client had written letters of apology on several occasions, together with a resolve never to repeat the same wrong.

The Pyeongtaek Law Firm's Argument ② Rescue Measures

Immediately after the incident, the client called 119 and requested rescue measures for the victims.

The firm emphasized that the client had acted promptly so that both victims could receive rescue measures and had worked to minimize the harm.

The Pyeongtaek Law Firm's Argument ③ Settlement

The client conveyed sincere apologies to the victim and the bereaved family and delivered a settlement payment.

The firm emphasized that the victim and the bereaved family had expressed their wish not to have the client punished.

4. The Court's Decision on the Pyeongtaek Law Firm's Arguments

The court accepted the Pyeongtaek law firm's arguments and issued the decision, ‘The defendant shall be sentenced to imprisonment without labor for one year. However, the execution of the above sentence shall be suspended for two years from the date this judgment becomes final.’

The client expressed deep gratitude to the Pyeongtaek law firm.

If You Need the Pyeongtaek Law Firm's Help

In the offense of causing death or injury by traffic accident, the sentence can vary depending on the circumstances at the time of the accident, the condition of the victim, and the degree of negligence, so receiving the help of an attorney can be helpful.

Daeryun Law Firm's 🔗traffic accident attorneys respond promptly to cases through thorough review of the accident scene and examination of evidence.

Attorneys experienced across multiple areas, including traffic accidents, damages, and insurance, prepare a response suited to the client.

If you need the help of an attorney in a situation similar to the case above, please feel free to come to the Pyeongtaek law firm.

평택법무법인 조력 사례 | 교통사고치사 혐의, 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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