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Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (injury)
Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (injury)Non-referral (police)

A Traffic Accident Law Firm Assistance Case | Non-Referral for a Client Charged With Hit-and-Run Causing Injury

The client of the traffic accident law firm was at risk of being punished on suspicion of causing a traffic accident, but, with the assistance of the law firm, which has handled numerous traffic accident cases, the client succeeded in defending against punishment.

1. A Client Who Came to the Traffic Accident Law Firm

Daeryun traffic accident law firm's assistance case for defending against a hit-and-run injury charge

The client of the traffic accident law firm faced the risk of criminal punishment arising from a traffic accident on a charge of hit-and-run causing injury, but through the assistance of a law firm with extensive experience in traffic accident cases, the client received a non-referral decision.

How the Client Became Involved in the Hit-and-Run Causing Injury Charge

The client who came to the traffic accident law firm had recently received a call from the police informing him that he had been reported for hit-and-run causing injury.

Because the client had always placed great importance on safe driving, he was all the more startled.

Through the call from the police, the client learned that, while driving home from work, he had struck a passing pedestrian with his side mirror.

As soon as he became aware of this, the client contacted the victim and apologized, but the victim did not accept the apology.

The client became overcome with fear that he might face criminal punishment.

For a prompt resolution of the case, he therefore requested assistance from a traffic accident law firm with extensive experience in traffic accident cases.

2. Case-Related Information Explained by the Traffic Accident Law Firm

Daeryun traffic accident law firm, example of defense resulting in non-referral for hit-and-run causing injury

The attorney at the traffic accident law firm emphasized that, as in the client's situation, if an accident occurs and a person leaves the scene without taking measures, the person may be subject to criminal punishment on a charge of hit-and-run causing injury.

Hit-and-Run Causing Injury: Relevant Statutes

Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (Special Cases concerning Punishment)

A driver who has committed the crime of occupational negligence causing injury or the crime of gross negligence causing injury through the operation of a vehicle may not be prosecuted against the express will of the victim.

However, this does not apply where the driver of the vehicle, after committing the crime of occupational negligence causing injury or the crime of gross negligence causing injury, fled without taking measures following the accident, such as rescuing the victim, or moved the victim from the scene of the accident and abandoned the victim before fleeing.

Hit-and-Run Causing Injury: Level of Punishment

Hit-and-run causing injury is punished as follows under Article 5-3 of the Act on Aggravated Punishment of Specific Crimes.

▶ Where the offender causes the death of the victim and flees, or the victim dies after the offender flees

Life imprisonment or imprisonment for not less than five years

▶ Where the offender causes injury to the victim

Imprisonment for a definite term of not less than one year, or a fine of not less than 5 million won and not more than 30 million won

In the client's case, because he left the scene of the incident without recognizing that the victim had sustained injury, grounds were needed to clearly establish this point.

3. Three Forms of Assistance Provided by the Traffic Accident Law Firm

The traffic accident law firm collected CCTV footage from the scene and dashcam footage from nearby vehicles in order to verify the evidence at the time of the accident.

In addition, in order to defend the client against punishment, the firm formed a task force with attorneys who had handled numerous traffic accident cases and discussed the client's case in detail.

Traffic Accident Attorney's Argument ① The Victim's Condition

At the time of the incident, the client's dashcam was malfunctioning, which made it difficult to find clear evidence.

The traffic accident attorney was able to collect evidence by cooperating with Daeryun's evidence investigation center to secure dashcam footage from the vehicle ahead and CCTV footage.

Through this, although it was confirmed that there had been contact with the victim's body, it was possible to establish that the victim's condition did not require urgent first-aid measures.

Traffic Accident Attorney's Argument ② No Reason to Flee

The traffic accident attorney argued that the client did not perceive the accident.

As a result of analyzing the CCTV footage, although the victim followed the client's vehicle immediately after the accident, no instance was confirmed in which the victim clearly informed the driver of the accident even after the vehicle came to a stop.

In addition, the client was driving at a normal speed and there were no signs of drinking, so it was possible to argue that there was no motive to flee after the accident.

Traffic Accident Attorney's Argument ③ No Right to Prosecute

The traffic accident attorney emphasized that, as a legal matter, there was no right to prosecute.

Act on Special Cases concerning the Settlement of Traffic Accidents Article 4 (Special Cases for Those Covered by Insurance, etc.)

If the vehicle that caused the traffic accident is covered by insurance or a mutual aid program, public prosecution may not be instituted against the driver of the vehicle who committed the prescribed crime.

Through this, it was argued that the client was covered by comprehensive automobile insurance and that, as the victim's injury was not serious, the client was not subject to criminal punishment.

4. Result of the Traffic Accident Law Firm's Assistance: “Non-Referral”

Having heard the arguments of the traffic accident law firm, the police rendered a non-referral decision on the ground that there was no right to prosecute the case.

The client conveyed gratitude, stating that, although he had nearly been wrongfully implicated in the case, he was able to avoid punishment thanks to the assistance of the traffic accident law firm.

If You Are Involved in a Hit-and-Run Causing Injury Charge

This was the story of a client who was at risk of being punished on a charge of hit-and-run causing injury but received a non-referral decision thanks to the assistance of a traffic accident law firm.

In a case like this, where the person did not perceive the accident, it is important to gather evidence that can prove this.

However, you may feel at a loss when gathering evidence effective for the case on your own.

At Daeryun LLC, through cooperation with the evidence investigation center, we work to resolve the client's case by gathering evidence effective for the case through lawful means.

If you come to be charged with hit-and-run causing injury, as in this client's story, please request assistance from the traffic accident law firm through a 🔗legal consultation appointment.

교통사고로펌

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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