Crosswalk accident: prison term at first instance, suspended on appeal

Background

While turning left at night, our client struck two pedestrians in a crosswalk, injuring them, and was charged under the Act on Special Cases concerning the Settlement of Traffic Accidents. The first-instance court imposed six months' imprisonment without suspension.

The issue

In a case involving serious negligence and a seriously injured victim, whether the immediate custodial sentence was excessive.

Our approach

Our client appealed on the ground that the sentence was too heavy. Our client admitted the offense and, during the appeal, paid a substantial sum to the seriously injured victim and reached a settlement; the victim stated that they did not wish our client to be punished.

The court's reasoning

The appeal court made clear that the negligence was serious and the harm grave. Weighing our client's admission, the vehicle's comprehensive insurance, and the settlement reached on appeal with the victim's wish not to punish, however, it found the first-instance sentence too heavy.

Outcome

The appeal court set aside the first-instance judgment and imposed six months' imprisonment suspended for two years, along with 40 hours of safe-driving classes.

What this case means

In criminal traffic cases, compensating the victim and reaching a settlement are important sentencing factors on appeal as well.

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.