Deals & Cases

Failure to take measures after an accident
Failure to take measures after an accidentNon-referral (police)

Failure to Take Measures After an Accident Defense Case | Non-Referral for a Client Charged with Hit-and-Run

The client implicated in charges of failure to take measures after an accident was reported on the basis that the client had failed to take the necessary measures after causing a traffic accident, and the client urgently came to a criminal law attorney to request assistance.

1. The Client Charged with Failure to Take Measures After an Accident

The client, who was reported somewhat unfairly on a charge of failure to take measures after an accident, was in a situation in which he could have received a custodial sentence, but thanks to the prompt assistance of the criminal law attorney, he received a non-referral disposition and was able to conclude the case amicably.

Background of the Case

On the day of the incident, the client caused a traffic accident and struck the rear part of Mr. A’s passenger car.

Immediately after the accident, the client stopped the vehicle and checked whether Mr. A was injured, and Mr. A said to the effect that he had no particular pain, so no ambulance was called.

The client then provided his contact information and stated that he would take full responsibility for handling the matter through insurance.

Nevertheless, Mr. A reported the client to the police on charges of failure to take measures after an accident.

Accordingly, the client came to a criminal law attorney to seek help, wishing to proceed with a settlement and resolve the matter amicably.

Circumstances of the client's case on charges of failure to take measures after an accident

2. What Is Failure to Take Measures After an Accident?

Failure to take measures after an accident, also known as hit-and-run, refers to conduct in which a driver who has caused a traffic accident leaves the scene without taking the necessary measures immediately after the accident.

The courts regard it as 'flight' when a driver, despite being aware that the victim has died or been injured, leaves the scene before fulfilling the duty to provide aid or the duty to take measures after an accident, thereby making it impossible to identify the driver.

▶ Road Traffic Act Article 148 (Penal Provisions)

A person who fails to take measures

when a traffic accident occurs

(failure to take measures after an accident)

Imprisonment for up to 5 years or a fine of up to 15 million won

Issues in the Case

The client had been reported to the police on suspicion of failure to take measures after an accident.

However, immediately after the accident the client got out of the vehicle at once, approached the victim, A, to check whether A was injured, and A indicated that there was no pain and did not request any particular measures.

Also, considering that the client provided contact information and promised to handle the matter through insurance, actively communicating with the victim, it was a situation in which it was difficult to find that this constituted failure to take measures after an accident.

Accordingly, the criminal attorney developed the following strategy in order to conclude the case promptly.

▷ Proceeding with a settlement with the victim

▷ The client’s response after the accident and securing of evidence

3. Strategy to Defend Against Punishment for the Client Charged with Failure to Take Measures After an Accident

Assistance for the Client Charged with Failure to Take Measures After an Accident

In order for the client charged with failure to take measures after an accident to receive a non-referral disposition, the following arguments were made.

Conducting an Amicable Settlement

The client requested assistance from a criminal law attorney for an amicable settlement with the victim.

The criminal law attorney contacted the victim's side several times, conveyed the client's position and sincere apology, and actively coordinated a prompt compensation procedure.

The attorney emphasized that the victim, accepting the client's sincerity, had expressed the intention that he did not want the client to be punished.

Confirming the Client's Response After the Accident

The client, having been reported for failing to take measures after an accident, was appealing the injustice of the situation.

Accordingly, to prove the client's response after the accident, the criminal law specialist attorney collaborated with the firm's own evidence investigation center to carefully collect the relevant evidence.

The attorney secured as evidence the facts that the client had checked the victim's condition at the accident scene, provided contact information, and also handed over a written pledge promising to compensate for the property damage, and promptly submitted this to the police.

4. Result of Assistance for the Client Charged with Failure to Take Measures After an Accident, 'Non-Referral'

Result of assisting a client charged with failure to take measures after an accident

As a result of assisting the client charged with failure to take measures after an accident, the police issued a non-referral decision.

Non-referral refers to the police, while conducting an investigation, closing a case without referring it to the prosecution because there is no right to prosecute or no suspicion.

If You Need Expert Assistance?

In cases of failure to take measures after an accident, where the initial response is inadequate, depending on the circumstances an actual custodial sentence may even be imposed, so a prompt and accurate response is critical.

This firm has many specialized attorneys with extensive experience in criminal cases, and presents prompt solutions for traffic accident dispute cases.

In addition, in cooperation with its own evidence investigation center, the firm lawfully collects case materials such as CCTV and dashcam footage and presents a defense strategy.

If you are facing difficulties because you have become involved in a charge of failure to take measures after an accident in a situation such as the above, please feel free to request assistance through a legal consultation reservation with Daeryun LLC at any time.

사고후미조치

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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