Cleared of hit-and-run; only careless injury, with a suspended fine

Background

While test-driving a vehicle for work, our client was speeding and not keeping a safe distance when he rear-ended the car ahead, injuring its driver. Right after the impact, the damaged car moved into the next lane, and the client, mistakenly believing that another car visible ahead had caused the crash and was fleeing, sped up to follow it. Seeing no damage on that car, he pulled onto the shoulder about 2 km away and immediately called the head of his workplace, saying "the car in front caused an accident and ran off." Prosecutors charged him with hit-and-run causing injury and failing to take required post-accident measures.

The issue

Negligence in causing the collision was not in dispute. The issue was whether the client left the scene without helping the injured driver while knowing he had caused an accident that hurt someone, in other words whether he intended to flee or abandon the scene. Both hit-and-run and failure to take post-accident measures require that the driver was aware of the accident and the harm.

Our approach

We argued on the client's behalf that he had simply chased what he mistakenly believed was a car fleeing after causing the accident, with no intent to flee or leave the scene. The client gave the same account from the investigation through trial, and reached an amicable settlement with the injured driver.

The court's reasoning

The court began from the principle that in a criminal trial the prosecution must prove the offense beyond reasonable doubt. It pointed to the client's consistent statements from the outset; the lack of any motive to flee at the risk of heavier punishment, since he had not been drinking and his workplace carried liability insurance; and dashcam footage showing movements after the crash that look natural if he was chasing the car ahead and then stopped. It also could not rule out that a health problem identified after the accident had affected his perception at the time. Taken together, the court found the intent to flee or leave the scene was not proven.

Outcome

The client was acquitted of failing to take post-accident measures, and the hit-and-run charge was not established either, so he was convicted only of causing injury in an ordinary traffic accident. Taking into account, among other things, that the injured driver did not wish him to be punished, the court imposed a fine of KRW 1 million, suspended for one year.

What this case means

Leaving the scene of an accident does not by itself make it a hit-and-run; the key question is how the driver perceived the accident. Consistent statements, dashcam footage and conduct right after the accident inform that judgment, so securing such evidence early is important.

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.