1월, 2023의 게시물 표시

How to Best Handle a Traffic Accident for Foreigners in Korea_2 (Criminal)

이미지
<Image: http://k-law4u.blogspot.com/>   Case 2) The driver in S60 Volvo (hereinafter, referred to as a "Victim") had been transferred to an ER nearby, however, eventually passed away. In accordance with Korean law, what criminal punishment would Michael expect?     a. In Principle, Michaele is subject to imprisonment for five-year or less, or penalty up to KRW 20M Article 3 (Special Cases for Punishment)      (1)         A driver of a vehicle who commits a crime provided for in Article 268 (Death/Injury by occupational or gross negligence) of the Criminal Act by reason of a traffic accident shall be punished by imprisonment without prison labor for not more than five years or by a penalty not exceeding 20 million won . b. Term between the timing of the accident and Victim's death Let's do some thought experiment. In case the timing of Victim's eventual death is after 2-year period. Michael still can argue that the lack of co-relation between the accident

How to Best Handle a Traffic Accident for Foreigners in Korea_1 (Criminal)

이미지
  <Image: http://k-law4u.blogspot.com/>                                                                                                                                          Case 1)  Michael T. Stapleton, a 21-year-old U.S. Citizen residing in Seoul was in a hurry to the party with his friends to celebrate the new year of 2023; and got involved in a traffic accident by hitting a S60 Volvo which got damaged on its left side (let's assume no passenger in the car was injured). In accordance with Korean law, what criminal punishment would Michael expect?     a. In Principle, Michael is subject to imprisoment for two-year or less, or penalty up to 5M - [Road Traffic Act]       Article 151 (Penalty Provisions)    Where the driver of any motor vehicle or tram damages the building or goods of any other person due to negligent disregard or gross negligence, he or she shall be punished by imprisonment without labor for not more than two years or by a penalty not exceeding five mi