1. Overview

The client was driving and injured a victim in a wheelchair during an unprotected right turn. However, the client did not directly help the victim, but left the scene and asked his wife who was in the car as well to take care of the incident. Later, the victim filed a case against the client for ..

2. Applicable Law

Act on The Aggravated Punishment, Etc. of Specific Crimes

Article 5-3 (Aggravated Punishment for Driver of Hit-and-Run Vehicle),

Paragraph 5, Subparagraph 2;

② Where the victim is injured, the person shall be punished by imprisonment with labor for a limited term of not less than one year or by a fine of not less than 5 million won but not more than 30 million won.

3. Assistance of the Counsel

The issue in this case was to check if the client's wife took all the necessary steps for aiding the victim after the incident. Accordingly, the defense counsel first summarized the details of the incident and revealed that the client had fulfilled his duty to stop immediately, to provide relief, and to provide his identification.

In fact, under the client's control, his wife provided relief to the victim so in this case, it was argued through similar precedents in which the allegation of escape was denied, and that in this case, it did not constitute escape. At the time of this incident, it was confirmed that the client had no intention of escaping, as it was shown that there were circumstances in which he had no choice but to leave the scene of the accident.

Next, the defense counsel closely examined the legislative process that resulted in a more severe punishment for fugitive injuries compared to general personnel accidents. At the end, Law-Win lawyers defended that there was no reason to punish him harshly on the charge of fleeing.

4. Outcome

As a result, the police accepted the lawyer's opinion and decided not to prosecute the client's charges on the ground of no charges (insufficient evidence).

5. Significance of the Outcome

The client was able to get the good result since he appointed Law-Win attorney immediately after the incident. With the cooperation of the client, lawyers could assist and handle this case thoroughly from the beginning of the case in police stage up to the end. 

Attorney Choi, Jeong-ah