Assistance From a Changwon Law Firm | A Suspended Sentence on Appeal in a Hit-and-Run Causing Death Case

The client was driving home at night after working late at the office.

On the way home, the client, driving toward an intersection, saw a dark object but, because it was night, did not see it clearly and drove past.

What the client had driven past, however, was the victim.

The victim had been pinned under the client's vehicle at the time and ultimately died.

Charged with hit-and-run causing death, the client went through the trial at the court below, and a sentence of imprisonment with labor was imposed.

The client requested the assistance of the Changwon law firm in order to pursue an appeal.

The Changwon law firm explained 🔗fatal traffic accidents.

Hit-and-run causing death refers to conduct in which a driver who has caused a traffic accident through negligence flees without taking measures for a victim who died as a result of the accident.

A person who causes the death of a victim and flees, or flees and the victim then dies, may be punished by life imprisonment or imprisonment with labor for at least five years.

A person who causes injury to a victim may be punished by imprisonment for a definite term of at least one year or by a fine of at least five million won and up to thirty million won.

■ Elements of Hit-and-Run Causing Death

The following are the elements of hit-and-run causing death.

Hit-and-run causing death refers to a traffic accident arising from a driver's negligence.

Conversely, if it is found that there was no negligence on the part of the driver, the offense of hit-and-run causing death is not committed.

1. A traffic accident occurs.

2. The accident results in the death of a victim.

3. The driver flees without taking protective measures.

All three of the above conditions must be met for a person to be punished on a charge of hit-and-run causing death.

*If you would like to have the details reviewed, please obtain a 🔗legal consultation with an attorney.

The client was driving late in the evening, which made it somewhat difficult to observe the road conditions.

The Changwon law firm argued that it was difficult to conclude that the client had left the scene while aware of having caused an accident involving a person.

The client admitted all of the charges and showed remorse.

The Changwon law firm emphasized that the client had resolved not to commit any offense in the future.

Through counsel, the client sincerely apologized to the bereaved family.

The Changwon law firm argued that the victim's bereaved family had, in turn, reached an amicable settlement with the client.

The client received a sentence of imprisonment at first instance on a charge of hit-and-run causing death.

With the assistance of the Changwon attorney, the client was able to receive a suspended sentence on appeal.

Hit-and-run causing death is a traffic offense involving a failure to take measures for a victim who has died. It is governed by the Act on Aggravated Punishment of Specific Crimes, and there is a high likelihood of an actual custodial sentence even for a first-time offender.

For this reason, it is recommended to retain an attorney with extensive experience in traffic offense litigation from the early stages of the case.

The Changwon attorney develops client-tailored solutions through in-person meetings and real-time video conferences with attorneys located across all regions.

If you are in a situation such as the one above, please reach out to the 🔗Changwon attorney at any time.