Centerline crash seriously injures two: suspended fine
In a crash where our client crossed the centerline after dozing off and seriously injured two people, the court chose a fine and suspended it.
Settlement and remorse led the court to suspend even the fine
Background
Driving a light truck, our client dozed off, crossed the centerline and collided with an oncoming car; two people in that car were seriously injured. Crossing the centerline is one of the accident types that remain subject to criminal punishment even after a settlement with the victims.
The issue
What sentence to impose in an accident causing serious injuries.
Our approach
Our client admitted fault in court. According to the judgment, our client reached an amicable settlement with the victims, who stated they did not wish our client to be punished, and voluntarily surrendered the driver's license as a sign of remorse.
The court's reasoning
The court treated the seriousness of the injuries as an aggravating factor. It counted as mitigating factors our client's admission and remorse, the settlement and the victims' wish not to punish, and the voluntary surrender of the license, and found the case fell within the mitigated range of the sentencing guidelines.
Outcome
The court imposed a fine of KRW 5 million rather than imprisonment, and suspended the fine for one year.
What this case means
A fine can also be suspended, and efforts to compensate victims and prevent recurrence are reflected in that decision.
This is the outcome of an individual case and does not guarantee the same result in similar matters. Some facts have been generalized to protect the parties involved.
Related practice and case
See the practice area and another success story from the same field.
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