[English Translations for Global Clients - Success Case]
1. Case Overview
The victim was lawfully proceeding through an intersection on a left-turn signal while riding a motorcycle.
However, the defendant (the driver), failing to observe the traffic light and road ahead, ran a red light and collided head-on with the victim’s motorcycle, causing a fatal accident.
As a result of the defendant’s gross negligence and traffic signal violation, the victim died at the scene, and the defendant was indicted for Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Resulting in Death).
2. Taelim’s Assistance
The Taelim Law Firm defense team represented the bereaved family of the deceased victim, focusing on ensuring that the defendant received a punishment commensurate with the gravity of the crime.
Taelim attorneys strongly emphasized to the court:
The defendant’s clear and undisputed violation of the traffic signal;
The fact that the defendant had a prior record of similar offenses yet caused another fatal accident; and
The high degree of negligence and risk of recidivism inherent in the conduct.
The legal team also voiced the deep sorrow and anger of the bereaved family, submitting both written petitions and oral statements in court urging for severe punishment.
When the defendant voluntarily deposited KRW 10 million as a form of partial compensation, Taelim firmly asserted that the amount was grossly insufficient to compensate for the loss of life and made it clear that the family did not accept it as a settlement, thereby ensuring it had minimal impact on sentencing.
3. Case Outcome
While the court acknowledged the defendant’s voluntary deposit of KRW 10 million, it ultimately prioritized the seriousness of the offense — including the gross negligence, the red-light violation, and the resulting death — along with the family’s plea for strict punishment.
Consequently, the court sentenced the defendant to one year of imprisonment without suspension.
4. Significance of the Case
This case highlights that in fatal traffic accident cases under the Act on Special Cases Concerning the Settlement of Traffic Accidents, even when the offender attempts partial restitution through a monetary deposit, the court may still impose imprisonment if the negligence is severe and similar prior offenses exist.
The judgment underscores the court’s recognition of the gravity of repeated reckless conduct and the importance of holding offenders fully accountable when their negligence leads to the loss of life.
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If you’re facing a similar situation,
don’t hesitate to reach out to Taelim Law Firm for legal assistance.