Traffic Accident Special Cases Act violation (injury)
The client had come to a daughter's home to help after she gave birth, and one morning was rushing her to hospital because she was in pain. The client went through a red light and hit another car, and the other driver needed about two weeks to recover, with more than 2.2 million won of damage. The car was fully insured, but running a red light is one of the twelve serious faults that are prosecuted anyway.
Ran a red lightTraffic accidentInjured other driverDriving daughter to ERFirst offence
Reduced sentence and fine (감형·벌금)Criminal
This image is for illustrative purposes and is not a photo of an actual case.
When a traffic accident leads to criminal punishment
In a traffic accident causing injury or property damage to another person, if the victim does not want punishment or if the driver is covered by comprehensive insurance, the driver is not criminally punished.
However, if the accident was caused by one of the 12 serious negligent acts, including drunk driving and speeding, and resulted in injury, the driver is punished even if the victim does not want punishment or the driver has comprehensive insurance.
Also, when property damage occurs due to one of the 12 serious negligent acts, having comprehensive insurance alone is not enough; the driver is exempt from punishment only if the victim clearly states they do not want punishment.
The victim's statement of non-desire for punishment (usually called a 'settlement') is also an important factor in sentencing, so ultimately, reaching a settlement with the victim is the most important factor in a criminal trial for a traffic accident.
Recently, attorney Joo Youngjae handled a case of Traffic Accident Processing Special Act Violation (Injury) and Road Traffic Act Violation (Property Damage) and obtained a small fine. We will introduce this case.
Facts of the case
The defendant had come to her daughter's house to help care for her newborn baby. On the morning of the accident, she put her daughter, who complained of abdominal pain, in the car and was on the way to the hospital when she ran a signal and caused a traffic accident.
In this accident, the driver of the other vehicle (the victim) suffered injuries requiring about two weeks of treatment, and vehicle repair costs of 2,262,038 Korean won were incurred.
The car driven by the defendant was covered by comprehensive insurance, but because she caused injury and property damage by running a signal, one of the 12 serious negligent acts, she was indicted for violating the Traffic Accident Processing Special Act (Injury) and the Road Traffic Act (Article 151).
Attorney Joo Youngjae's assistance
Since it was clear that the defendant had run a signal, attorney Joo Youngjae had the defendant reach a settlement with the victim and submitted the settlement agreement to the court. He also argued as sentencing factors that the defendant had no prior record, the injury was minor, and she had run the signal while urgently taking her daughter to the emergency room.
Court's decision
The court accepted attorney Joo Youngjae's sentencing arguments, dismissed the prosecution on the Road Traffic Act charge due to the settlement with the victim, and imposed a very light fine of 1,000,000 Korean won for the Traffic Accident Processing Special Act Violation (Injury).
Both the prosecutor and the defendant gave up appeals, and the judgment was confirmed.
Before you read
The results shown here depend on the facts and evidence of each case and the laws in force at the time. Every case is different, so the outcome of one case does not predict or guarantee the outcome of another. This page is not legal advice. For your own case, please confirm through a consultation.
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