Drunk driving traffic accidents can result in imprisonment even if you have insurance... Early response is important [Lawyer Kim Dong-jin's column]

Recently, as drunk driving traffic accidents causing great controversy have occurred frequently across the country, including in Incheon and Daejeon, voices are growing that the punishment for drunk driving should be strengthened. Drunk driving refers to the act of getting behind the wheel while drinking and having a blood alcohol concentration of 0.03% or higher, making it impossible to think or make normal decisions.

If you drive drunk, the risk of traffic accidents inevitably increases, and the scale and severity of damage from accidents is also significant. It is an action that threatens the lives of not only the driver but also many people on the road, and if it leads to an accident, it can lead to irreversible consequences.

Unlike general traffic accidents, if you cause an accident due to drunk driving, it is difficult to avoid punishment regardless of whether there is an agreement or whether you have insurance. In general traffic accidents, there are disputes over issues such as the percentage of fault, calculation of insurance premiums, and payment of compensation, but since drunk driving traffic accidents are accidents that fall under the 12 counts of gross negligence, they do not fall under the crime of involuntary negligence, so even if an agreement is reached with the victim, they have no choice but to be criminally punished.

If you cause a car accident while driving under the influence of alcohol, you will be charged with one of the 12 counts of gross negligence under the Traffic Accident Act, go to trial, and be punished according to the level of the crime. Drunk driving accidents can result in imprisonment of up to 5 years or a fine of up to 20 million won.

Additionally, if you commit a hit-and-run by leaving the scene without taking appropriate measures out of fear of being punished for drunk driving, you may be considered to have violated the Special Price Act, which is a law on aggravated punishment for specific crimes, and may be subject to aggravated punishment.

If a drunk driving traffic accident has occurred, there are limits to how an ordinary person can respond directly, and a response strategy must be prepared by thoroughly analyzing the situation at the scene at the time of the accident. Therefore, it is necessary to appoint a professional lawyer with extensive case experience from the beginning to secure the sentencing elements as much as possible. (Attorney Dong-jin Kim of Daeryun Law Firm)

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