Deals & Cases

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)Suspension of indictment

Defense Against a Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents | Suspension of Indictment for the At-Fault Client

The client, who was involved in a case of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, was the party at fault who caused the traffic accident, and sought out a traffic accident attorney in order to reach a settlement with the victim and resolve the case amicably.

1. Client Charged with a Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents

Although the client, who was charged with a Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, was at risk of receiving a heavy punishment, through the systematic assistance of a traffic accident attorney, the client was able to receive a suspension of indictment.

Background of the Case

On the day of the incident, the client was driving a vehicle on the way to a meeting place.

Thereafter, there was an icy section on the road, the vehicle slid, and it collided head-on with an oncoming vehicle.

Immediately after the accident, the police were dispatched and assessed the situation, and the client was subjected to a police investigation.

Ultimately, the client became involved in a case for a Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and requested the help of a traffic accident attorney in order to obtain the most lenient treatment possible through a settlement with the victim's side.

Background of the Case of the Client Charged with a Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents

2. Sentencing Level for a Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents

A Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents resulting in injury is an offense that is established when a driver causes a traffic accident and injures a person through occupational negligence or gross negligence.

The Act on Special Cases concerning the Settlement of Traffic Accidents provides for the following punishment for a violation of the Act resulting in injury.

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

Imprisonment without labor for up to 5 years or a fine of up to 20 million won

Identifying the Issues in the Case

The main issues in this case were as follows.

· Whether the crossing of the center line caused by the icing of the road was an unavoidable accident

· The degree of the client's negligence

· The extent of the victim's injuries and the possibility of a settlement

In particular, whether the client had intent or willful negligence, and whether there was sufficient material to prove that the accident was accidental and a result of force majeure, had a decisive effect on the outcome of the disposition.

However, in the client's case, the crossing of the center line at the time of the accident occurred unavoidably due to the icing of the road, and there was no intent or willful negligence whatsoever.

Accordingly, the traffic accident attorney established a strategy to clearly ascertain the facts of the accident and to defend against punishment.

3. Assistance Provided to the Client Charged with a Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents

Assistance Provided to the Client Charged with a Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents

The traffic accident attorney who took on the case of the Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents made the following arguments so that the client could obtain the most lenient treatment possible.

Conducting an Amicable Settlement

The client requested the help of a traffic accident attorney in order to reach an amicable settlement with the victim's side.

The traffic accident attorney proposed an appropriate settlement amount, taking into comprehensive consideration the extent of the victims' injuries, their treatment period, and their mental suffering.

It was emphasized that, in response, the victims accepted the client's settlement proposal and submitted written statements expressing that they did not wish for criminal punishment.

Motive for the Offense

The traffic accident attorney emphasized that it was merely an accidental incident that occurred because the client had been unable to anticipate the icy road conditions in advance, and that there was no intent or willful negligence whatsoever.

Accordingly, on the basis of photographs of the accident scene, weather data, and other materials, the attorney specifically explained the icy condition of the road at the time and argued that this traffic accident was an event of force majeure caused by a natural winter phenomenon.

A First-Time Offender with No Prior Criminal Punishment

The client was an exemplary driver who had driven diligently since obtaining a driver's license, without a single traffic regulation violation or accident.

Accordingly, the traffic accident attorney submitted a driving record certificate as evidence and emphasized that the client had no speeding or traffic signal violations, nor even any minor violations.

4. Result of Assisting a Client Charged with Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents: ‘Suspension of Indictment’

Result of Assisting a Client Charged with Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents

As a result of assisting a client charged with violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the prosecution issued a suspension of indictment disposition to the client.

A suspension of indictment disposition refers to a disposition in which the prosecutor, based on the results of the investigation, decides not to institute public prosecution because the criminal suspicion is insufficient or in accordance with a criminal-policy judgment, thereby closing the case.

How to Respond to a Case of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents

In cases involving violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the key issues addressed include the degree of the victim's injury, whether a settlement has been reached, and whether the driver was at fault. At the same time, an amicable settlement with the victim and an attitude of remorse have a significant influence on the outcome of the disposition.

At Daeryun Law Firm, attorneys with extensive experience in cases involving violation of the Act on Special Cases concerning the Settlement of Traffic Accidents closely analyze the circumstances of the accident and the issues from the early stages of the case and prepare a prompt response.

In addition, through accompaniment during police questioning, support for reaching a settlement with the victim, preparation of a letter of apology, and securing various materials in mitigation, we manage the case carefully so that it does not unnecessarily lead to a criminal trial.

If you have become involved in a case of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in a situation such as the above, please request assistance at any time through Daeryun Law Firm's 🔗Legal Consultation Booking.

교통사고처리특례법위반

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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