I am being investigated on a charge of drunk driving hit-and-run causing injury; is the likelihood of an actual custodial sentence high?

Hello. This is a traffic accident attorney at Daeryun Law LLC.

The drunk driving hit-and-run causing injury you ask about is an offense that combines 'drunk driving' and 'hit-and-run causing injury,' and it is treated very seriously.

A much heavier sentence than for simple drunk driving is expected, and if the victim was injured, the possibility of an actual custodial sentence certainly exists.

Under current law, the crime of hit-and-run causing injury is punishable by imprisonment for a definite term of at least 1 year, or a fine of at least 5 million won and up to 30 million won, and where drunk driving is combined, the statutory sentence becomes even heavier and it is regarded as an offense for which a fine is not possible.

Therefore, if the charge of drunk driving hit-and-run causing injury is recognized, the possibility of a prison sentence is high. In particular, if the fact of fleeing after the accident is clear and the victim suffered an injury requiring treatment, an actual custodial sentence may be imposed.

However, where the following mitigating factors exist, the sentence may be lowered.

- Where the person voluntarily surrendered after the accident or cooperated faithfully with the police investigation

- Where an amicable settlement was reached with the victim

- Where the victim's treatment costs were actually compensated through comprehensive automobile insurance (limited to injury accidents)

- The fact that the person is a first-time offender with no prior record and is deeply remorseful and the like are taken into account.

In addition, if the victim's negligence is partly recognized in the circumstances at the time, or if there are circumstances in which the driver did not immediately recognize the fact of the harm, these can also be important defense factors.

Because the investigative agency judges comprehensively the intent to flee, the level of intoxication, and the degree of the victim's injury, you must without fail establish a response strategy together with a traffic accident attorney from the early stage.

Because the outcome may differ depending on the specific facts, we recommend that you obtain a consultation quickly, even now.