Traffic Accident Law Firm | The Traffic Accident Attorney Who Had the Prosecution Dismissed in a Left-Turn Accident Involving Occupational Negligence Causing Injury

The client attempted an unprotected left turn while driving home after finishing an early-morning shift.

At the time, heavy fog had settled in, and visibility was not properly secured.

After making a left turn at the unprotected left-turn area on a green light, the client failed to see a motorcycle traveling straight ahead and collided with it.

As a result of the accident, the victim sustained serious bodily injury requiring an estimated 30 weeks of treatment.

The client, startled, hurriedly got out of the vehicle, checked on the victim's condition, and took emergency aid measures.

However, the client was booked on a charge of occupational negligence causing injury by the police who responded to the accident.

The client sought out the traffic accident law firm and requested assistance from Daeryun Law Firm.

Because the victim had sustained serious bodily injury, the offense was grave, and an amicable settlement was urgently needed in order to obtain a reduction of sentence.

The attorney collaborated with Daeryun Law Firm's 🔗traffic accident attorneys and the evidence investigation center to develop a response strategy aimed at uncovering the substantive truth of the client's case.

A driver who has committed occupational negligence causing injury or gross negligence causing injury may not be prosecuted against the victim's express intent.

In addition, if the driver has subscribed to insurance or a mutual aid program, prosecution is not possible.

However, the following exceptions apply.

As reflected in the items above, the victim in this case sustained serious bodily injury requiring 30 weeks of treatment and was left with a lifelong illness, so a settlement was urgently needed.

In this process, there were difficulties, including opposition from the victim's family, but a settlement was reached thanks to the traffic accident attorney's continued mediation.

🔗Occupational negligence causing injury is a crime not punishable against the victim's will, for which, under Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 286 of the Criminal Act, prosecution may not be brought against the victim's express intent.

The attorney submitted the settlement agreement and the statement of no desire for punishment to demonstrate the amicable settlement with the victim.

Accordingly, the attorney requested that the prosecution brought by the prosecutor in charge of the case be dismissed.