A case handled by YUSU Lawfirm. Identifying details have been anonymized.
Case at a Glance
- Matter: Death caused by a traffic accident
- Client: Driver, suspect
- Stage: Prosecution stage
- Result: Suspension of indictment
The Client's Situation
The client, a public employee driving family members in the morning, collided with an elderly motorcyclist, who died. A speed measurement showed the client had been speeding. In this type of case a settlement with the family does not end the prosecution. Under the rules of the client's profession, a sentence above a certain level would have meant disqualification from the job.
Key Legal Issue
A conviction requires a causal link between the driver's negligence and the death, which the prosecution must prove. Korean case law recognizes the principle of trust: a driver who follows traffic rules may rely on others doing the same and need not anticipate someone unexpectedly crossing in front against the signal. The Supreme Court has also held that speeding alone does not necessarily establish causation for a collision with a vehicle running a signal.
What YUSU Lawfirm Did
The firm broke the dashcam footage down second by second and attached screen captures to its opinion. Relying on perception and reaction time accepted in lower court judgments, about one second, it showed that the time between seeing the rider and the collision did not allow any driver to avoid the crash. The primary argument was that criminal negligence was not established, with a separate alternative request for leniency. The client had given aid at the scene, apologized to the family and, through the firm, reached a settlement in which the family stated it did not wish the client to be punished. Sentencing material covered the client's clean driving record, the job consequences, family circumstances and petitions.
Result
The prosecutor decided on a suspension of indictment, noting that the Prosecution Citizens' Committee had also found this appropriate by majority. The client did not stand trial and kept the job.
What This Case Shows
A fatal accident does not automatically mean criminal liability for the driver. Causation must be examined separately from any traffic violation, and the same footage can tell a very different story when analyzed against case law. Contesting fault and making amends to the family can go together.
Related Legal Services
For how we handle this type of matter, see Traffic Accident Defense. More outcomes are collected in our Case Results.
Related cases and guides
Facing a similar legal issue in Korea? Tell us what happened and our legal team will review it. Every case turns on its own facts, and this result does not guarantee a similar outcome.