
Legal Q&A
Q
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I am in the position of the responsible party in a fatal traffic accident. Judged solely by the percentage of fault, my fault is greater, but there is much that feels unfair. The insurance company recites its manual and seems to ignore my situation as if it were none of their concern, which is frustrating and leaves me indignant. I intend to do whatever I can to show remorse and reach a settlement with the victim and the bereaved family; I am not a shameless person. How should I respond to a death caused by a traffic accident?
fatal traffic accident
lawsuit claiming damages
Answer
Published:
Author : DongIl PARK
It must weigh heavily on your mind to be involved in a fatal traffic accident.
It is difficult to determine the details of your situation, but where a person is injured or killed due to occupational negligence, the punishment is heavier than for an ordinary negligence offense.
In such a case, the penalty is imprisonment without labor for not more than 5 years or a fine of not more than 20 million won.
However, since it appears that you are covered by insurance or mutual aid, in this case a settlement with the victim's bereaved family is likely to be the most important matter.
If you are covered by insurance or mutual aid that fully compensates for medical expenses, such as consultation and hospitalization fees, as well as losses, you should promptly proceed with a settlement with the bereaved family and obtain a written statement of no wish for punishment.
Together with an attorney experienced in criminal cases, you should convey sincere remorse and an apology to the bereaved family, calculate and pay a reasonable settlement amount, and then obtain a document stating that they will not reverse the settlement in accordance with its terms.
If you submit this to the investigative agency, you may avoid punishment.
However, please note that the settlement amount for a fatal traffic accident can rise from tens of millions of won to the level of hundreds of millions of won.
In addition, if you were driving under the influence, driving without a license, or crossing the center line, or otherwise caused one of the 12 categories of serious negligence traffic accidents, the matter becomes entirely different.
A written statement of no wish for punishment cannot prevent criminal punishment, so you must prepare even more thoroughly.

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DongIl PARK
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