Drowsy-driving Accident — Indicted for 'Failure to Take Post-accident Measures and Causing Injury'

Case Overview

This case arose when the defendant, driving a Porter truck, dozed off at the wheel and rear-ended the vehicle in front. The victim was diagnosed with a mild concussion requiring about two weeks of treatment, and vehicle repair costs exceeded KRW 8 million. The Prosecution indicted the defendant for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (the “Traffic Accident Settlement Act”, 교통사고처리법) (causing injury through professional negligence) and for failing to take post-accident measures. The central issue was that the defendant did not stop immediately after the collision, a fact that, if treated as fleeing the scene, could have had a major impact on sentencing. The defendant, a diligent working man, was at risk of becoming a convicted criminal.

Our Strategy

DAEON Law Firm meticulously collected and submitted to the court dashcam footage, CCTV footage from around the scene, call records, and materials on where the vehicle stopped, all of which established the defendant's driving route, whether he stopped, and the situation at the time. In particular, we concretely showed that immediately after the accident the defendant, far from fleeing the scene, pulled the vehicle over to the roadside intending to deal with the situation, and we actively established that he had no intention whatsoever of fleeing. We also analyzed the extent and cause of the victim's injuries, emphasizing that the causal link between the defendant's professional negligence and the injury was unclear. As a result, the court acquitted the defendant on the charge of failing to take post-accident measures and dismissed the indictment on the injury charge, so that the defendant faced no criminal punishment. This outcome was the product of rigorous fact-checking and strategic advocacy.

Result · Acquittal, Indictment Dismissed

This is the result of an individual case and does not guarantee a similar outcome. Some facts have been generalized and personal information redacted to protect the client.

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Attorney in charge: Dongwoo Shin