Fatal Motorcycle Accident in Korea: Fine Imposed Instead of a Prison Term

A case handled by YUSU Lawfirm. Identifying details have been anonymized.

Case at a Glance

  • Matter: Death caused by a traffic accident (Act on Special Cases Concerning the Settlement of Traffic Accidents)
  • Client: Driver, defendant
  • Stage: Retained at trial
  • Result: Fine of KRW 8 million

The Client's Situation

A collision between the client's car and a motorcycle resulted in the death of the motorcycle rider. Although the client had driver's insurance, no lawyer was retained during the investigation. The client came to YUSU Lawfirm only after the case had gone to trial.

Key Legal Issue

When a death results, courts often impose at least a suspended prison sentence. The question was whether the client's degree of fault was small enough to bring the outcome down to a fine.

What YUSU Lawfirm Did

Attorney Soobin You reached a settlement with the victim's family. The defense analyzed the accident footage and submitted it to show that the client's fault was minor, and organized the sentencing factors the court should weigh. Two written opinions were filed with the court.

Result

The court imposed a fine of KRW 8 million.

What This Case Shows

A fatal accident does not fix the type of sentence in advance. Fault is assessed separately from the result, so footage that shows the degree of fault can change the outcome. That evidence is easier to use when it is organized from the investigation stage rather than rebuilt at trial.

Related Legal Services

For how we handle this type of matter, see DUI & Traffic 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.

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