I am being investigated for DUI hit-and-run causing injury. Is the possibility of imprisonment high?

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Hello. I've decided to divorce due to my husband's verbal abuse and domestic violence. Now my husband has started hitting our children too... I want to at least protect the children. For the children's safety, I really want to take parental rights and custody. Are there separate requirements for obtaining parental rights and custody?

DUI hit-and-run causing injury

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作者: 박동일

Hello. This is the traffic accident specialist attorney at Daeryun LLC.

The DUI hit-and-run causing injury that you mentioned is a crime combining "DUI" and "hit-and-run causing injury," and is treated very seriously.

A much higher sentence is expected than for simple DUI, and if the victim was injured, the possibility of imprisonment is sufficient.

Under current law, the crime of hit-and-run causing injury is punishable by imprisonment of 1 year or more or a fine of 5 million to 30 million won, and when combined with DUI, the statutory punishment becomes even heavier and is considered a crime where a fine sentence is impossible.

Therefore, if charges of DUI hit-and-run causing injury are recognized, the possibility of being sentenced to imprisonment is high. In particular, if the fact of fleeing after the accident is clear and the victim suffered injuries requiring treatment, imprisonment may be sentenced.

However, the sentence may be reduced in cases of the following mitigating factors.

-If you voluntarily surrendered after the accident or sincerely participated in police investigation
-If a smooth settlement was reached with the victim
-If the victim's treatment costs were actually compensated through comprehensive automobile insurance (limited to injury accidents)
-If you are a first-time offender with no prior record and are deeply repentant, etc. are taken into consideration.

Also, if the victim's partial fault is recognized in the situation at the time, or if there are circumstances where the driver did not immediately recognize the damage, this can also be an important defensive element.

Since investigative agencies comprehensively judge the intent to flee, alcohol level, and degree of victim's injury, you must establish a response strategy from the early stages with a traffic accident specialist attorney.

Since results may vary depending on specific facts, we recommend that you receive consultation as quickly as possible now.