Traffic Accident Lawsuit | The Victim Died, but the Case Was Concluded With a Non-Prosecution Decision

The 🔗Act on Special Cases concerning the Settlement of Traffic Accidents is a statute that provides for the criminal punishment of drivers who cause traffic accidents through occupational negligence or gross negligence.

It was enacted to promote prompt recovery from traffic accidents and for the convenience of citizens' daily lives.

If an accident occurs through a driver's 🔗12 categories of gross negligence, the driver may be subject to criminal punishment even if covered by comprehensive insurance.

Because accidents involving serious injury or death are also punished, if you are booked on a charge of causing injury or death, it is recommended to retain an attorney experienced in traffic accidents, confirm the facts charged, and then prepare a response.

If a person commits the crime of causing death through occupational negligence or gross negligence in a traffic accident, that person may be punished by imprisonment without labor for up to five years or by a fine of up to 20 million won.

∙Special Sentencing Factors

∙General Sentencing Factors

On the day of the incident, sleet mixed with rain was falling, and it was around 1 a.m.

It was very dark, and visibility was difficult to secure.

In addition, the location of the accident was in the middle of the road, not at a crosswalk.

The client was in a situation where visibility was not properly secured, and the client could not have anticipated that the victim would appear alongside the moving vehicle.

After the accident, the client immediately got out of the vehicle, checked the victim's condition, and reported the accident to 119.

Following the paramedics' instructions, the client took necessary measures such as checking whether the victim was breathing.

The attorney argued that the client had done everything possible to recover the harm.

At the time of the accident, the victim was jaywalking across a four-lane road.

From the client's standpoint, he could not have anticipated that the victim would suddenly appear near the center line.

The attorney argued that the accident occurred when the victim suddenly appeared and collided with the vehicle without even a moment for the client to stop, emphasizing that the client had not breached his duty of care.