Intimidation Complaint Assistance | Non-Prosecution for a Client Accused of Special Intimidation

The detailed account of the client who came to us regarding an intimidation complaint is as follows.

The client was returning home by vehicle after work.

Then, at the moment a vehicle in the lane next to the client changed lanes, a sound of impact occurred.

The client, judging that the other vehicle had collided with his own vehicle, chased after that vehicle.

However, the other vehicle misunderstood that the client was following for the purpose of retaliation, and on that basis filed a complaint for 🔗retaliatory driving/reckless driving.

Although the client had no such intention at all, he was placed at risk of punishment and was feeling great anxiety.

He came to a criminal defense attorney in order to respond systematically at the early stage of the case together with a specialized attorney and to successfully defend against punishment.

Retaliatory driving goes beyond a mere unlawful act and is a crime that uses a vehicle, a dangerous means, so various charges apply.

It is regarded as a more serious crime than an ordinary tort under the Criminal Act, and more severe criminal punishment is imposed.

The levels of punishment for retaliatory crimes are as shown in the table below.

Levels of punishment for retaliatory crimes

Because the other vehicle took no measures even though there was the sound of a vehicle collision, the client mistakenly believed it to be a hit-and-run drunk driving incident.

The client therefore attempted to block and stop the victim's vehicle within the least dangerous limits possible.

Accordingly, the attorney emphasized that this was merely an action based on the client's mistaken belief and that no intent to threaten existed.

The client had not braked so suddenly that the victim would have been unable to avoid it.

In addition, the client did not inflict any further threat, such as repeatedly honking the horn or getting out of the vehicle to hurl abusive language.

The attorney emphasized that this did not amount to the "harm sufficient to cause fear in the other party" referred to in the precedents.

Retaliatory driving is not a mere traffic violation but a serious crime that may be punished as special intimidation or special assault under the Criminal Act, and it can even lead to an actual custodial sentence.

It can be advantageous to respond together with a criminal defense attorney throughout the entire process, from the initial statement, to the response to evidence, to the preparation of sentencing materials, in order to minimize legal disadvantages.

At Daeryun, 🔗criminal defense attorneys with abundant practical experience and expertise promptly assess the scale and type of the client's case and respond by establishing a strategy.

If you need the assistance of a specialist attorney in a situation similar to the case above, please entrust your case to us through a 🔗legal consultation reservation.