Traffic Accident Dispute | A Drunk Driving and Traffic Accident Dispute Resolved Through Non-Prosecution

This is the account of a client who requested help in resolving a traffic accident dispute.

The client states that, while driving on the day of the incident, the client failed to check the rear when changing lanes and struck the victim's vehicle.

As a result, the victim sustained injuries, including a cervical sprain and strain, requiring about two weeks of treatment.

After the accident, the client immediately got out of the vehicle and went toward the victim's vehicle to check on the victim's condition.

The victim abruptly asked the client whether the client had been drinking and pressed the client about how much the client had drunk.

Flustered by the first traffic accident the client had ever caused, the client states that the client mistakenly said, in response to the victim's leading question, that the client had drunk one and a half bottles of soju.

The client gave the victim a business card and left the scene after asking the victim to make contact so that the matter could be handled through insurance.

Afterward, the victim continued to send the client threatening messages and demanded an excessive settlement amount.

When the client refused, the victim filed a criminal complaint against the client for drunk driving and causing injury in a traffic accident, and this traffic accident dispute arose.

Under Article 4 of the Act on Special Cases concerning the Settlement of Traffic Accidents, except in cases such as where the victim's injury causes a danger to life, if the vehicle that caused the traffic accident is covered by insurance, no public prosecution may be instituted even though the traffic accident caused bodily injury to a person.

Therefore, to prevent disputes over traffic accidents, it is advisable to subscribe to comprehensive traffic accident insurance in advance.

However, where the case falls under one of the 12 categories of gross negligence under the Act on Special Cases concerning the Settlement of Traffic Accidents, public prosecution may be instituted even if insurance has been subscribed.

Driving without a license and drunk driving are also among the 12 categories of gross negligence, so if you are facing charges involving one of these 12 categories, in particular driving without a license or a drunk driving traffic accident, you should seek the assistance of an attorney with relevant experience in order to prepare a strategy to respond to punishment.

To resolve the traffic accident dispute, this firm's specialist attorney took the following steps.

After the attorney specializing in traffic accidents took on resolving the traffic accident dispute, the prosecution issued a non-prosecution disposition for the client.

The prosecution explained the grounds for non-prosecution, stating that for the charge of injury from a traffic accident there was no right to prosecute because the client had subscribed to comprehensive insurance, and for the drunk driving charge there was no suspicion because the evidence was insufficient.

The client had faced the risk of an excessive settlement amount and criminal punishment due to the traffic accident dispute, but with the assistance of the attorney, the case could be concluded at the prosecution stage.

If you become involved in a traffic accident dispute like the client in this case and turn to our firm, a traffic accident attorney and a criminal attorney will cooperate to prepare a strategy tailored to the case.

If you need assistance in resolving a traffic accident dispute, please consider making a 🔗legal consultation reservation.