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I am about to be detained over a traffic accident. I crossed the center line, and property damage occurred. Usually, if you have driver's insurance, is a traffic accident not smoothed over by paying a certain amount of money? I want to retain a traffic accident attorney and at least avoid detention or a criminal record; I would appreciate an answer.
detention for a traffic accident
review of the legality of detention
traffic accident involving one of the 12 major negligence categories
Answer
Published:
Author : DongIl PARK
The matter you have raised appears to be a property-damage accident caused by crossing the center line, and this constitutes a traffic accident falling under one of the 12 major negligence categories, for which the possibility of criminal punishment exists.
The 12 major negligence categories include traffic signal violations, crossing the center line, exceeding the speed limit by 20 km/h, and driving without a license, and if an accident occurs due to such a violation, it becomes subject to criminal punishment, and even if the damage is not large, there is a possibility of detention rather than a fine.
Driver's insurance covers criminal settlement money, fines, and attorney's fees within certain limits, but it does not exempt you from criminal liability itself.
In particular, where the matter is serious, if a settlement with the victim is not reached, a detention warrant may be requested at the police stage, and in this case the necessity and appropriateness of detention are contested through a review of the legality of detention, which decides on the handling of the suspect's custody before detention.
By retaining defense counsel, submitting the counsel's written opinion at the initial stage, and proving matters such as the suspect's occupation, family relations, and residential stability, you can argue for the principle of investigation without detention.
If you wish to avoid a criminal record and detention, the most important thing is an amicable settlement with the victim, which has a decisive effect on the sentencing itself, even if the offense is not a crime not punishable against the victim's will.
In addition, matters such as the circumstances of crossing the center line, whether there was intent or gross negligence, and the driver's history of compliance with traffic laws can also be asserted as favorable mitigating circumstances.
In fact, in the case of crossing the center line after slipping on a snowy road, it has sometimes been recognized as a no-fault accident.
Because the initial response determines the direction of the case, if you are concerned about detention over a traffic accident, defense counsel can assist you in requesting a review of the legality of detention to secure the suspect's release.
Before detention over a traffic accident, we recommend that you work through the matter by consulting with a specialized attorney.

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