CONTENTS
- 1. Drunk Driving Traffic Accident | The Client Who Requested Assistance
- - The Specific Circumstances of the Case
- 2. Drunk Driving Traffic Accident | The Attorney's Assistance
- - Emphasizing the Confession and the Attitude of Remorse
- - Proceeding with Settlements with the Victims
- - Pointing Out the First Instance Court's Misapprehension of Legal Principles
- 3. Drunk Driving Traffic Accident | Case Outcome, 'Suspended Sentence'
- - Factors Considered
- 4. Drunk Driving Traffic Accident | What Is the Level of Punishment?
- - Punishment for Drunk Driving
- - Dangerous Driving Causing Death or Injury and Hit-and-Run Causing Injury
- - If You Need Assistance
1. Drunk Driving Traffic Accident | The Client Who Requested Assistance
The client who came to the attorney regarding a drunk driving traffic accident case had caused a series of collision accidents due to drunk driving and then fled, so that multiple charges of violating the Road Traffic Act were applied, and the client had received an actual custodial sentence at first instance.
Falling into great anxiety, the client came to a drunk driving specialist attorney to request assistance in order to reduce the sentence through an appeal.
The Specific Circumstances of the Case
After work, the client had a drinking gathering with acquaintances, then pulled the vehicle over to the shoulder of the road while intoxicated and fell asleep.
A short while later, when the police knocked on the vehicle window to conduct an inspection, the client was so startled that the client hurriedly drove the vehicle and fled.
During the flight, the client recklessly passed through an intersection and a first collision accident occurred with another vehicle.
Greatly flustered by this, the client even drove against the flow of traffic while fleeing, caused yet another collision accident, and then left the scene of the accident.
As a result, the client was indicted on multiple charges of violating the Road Traffic Act, including drunk driving, hit-and-run causing injury, and failure to take measures after an accident, and at the first instance trial an actual custodial sentence was imposed.
Greatly shocked by the unexpected actual custodial sentence for the drunk driving traffic accident, the client came to Daeryun's drunk driving specialist attorney in order to have the sentence reduced through an appeal.
2. Drunk Driving Traffic Accident | The Attorney's Assistance
Due to the consecutive collision accidents and the act of fleeing while drunk driving, the client was in a situation of simultaneously facing multiple charges, including a violation of the Road Traffic Act, hit-and-run causing injury under the Act on Aggravated Punishment of Specific Crimes, and dangerous driving causing injury.
In a case like this, where multiple crimes are complexly intertwined in a single case, the sentence varies greatly depending on whether each crime is established separately or is subsumed into one, so accurate legal analysis and a response strategy were important.
In addition, the fact that the sentence had been imposed heavily at the first instance stage because a settlement had not been reached with some of the victims was also a key task that had to be resolved on appeal.
Accordingly, the drunk driving specialist attorney assisted the client by focusing on the following matters.
② Directly conducting negotiations and mediation in order to reach an amicable settlement with the victims
③ Constructing a strategy regarding the first instance court's misapprehension of legal principles
Based on this strategy, the attorney laid the foundation on which the sentencing could be reasonably reexamined on appeal.
Emphasizing the Confession and the Attitude of Remorse
The drunk driving specialist attorney emphasized that the defendant acknowledged all of the facts charged and was sincerely remorseful.
In addition, the attorney presented, together with supporting materials, the point that the defendant had voluntarily participated in reoffending-prevention education and counseling and was showing a will never to repeat the same mistake.
The attorney emphasized that such efforts at improvement were a factor confirming the defendant's sincerity and that they must be considered in sentencing.
Proceeding with Settlements with the Victims
The drunk driving specialist attorney highlighted, as an important change in circumstances, the fact that the client had amicably settled with both of the two victims with whom no settlement had been reached at the first instance.
The attorney demonstrated to the court that the client had actively made efforts to recover the damage and that substantial compensation for the damage had been made.
Through this, the attorney argued that on appeal such positive changes should be faithfully reflected in sentencing.
Pointing Out the First Instance Court's Misapprehension of Legal Principles
The drunk driving specialist attorney clearly rebutted, through precedents and legal principles, the point that the first instance court had misinterpreted the relationship between hit-and-run causing injury and dangerous driving causing injury, and between reckless driving and crossing the center line, and had viewed them as concurrent crimes by substantive aggregation.
In particular, on the basis of the judgment in Seoul Central District Court 2018Godan8786, among others, the attorney explained to the court that, because the two crimes were in a relationship of ideal aggregation or legal aggregation, the first instance court's aggregation as concurrent crimes was improper.
The attorney emphasized that, given that such a misapprehension of legal principles led to the actual custodial sentence, on appeal the sentencing should be reexamined through a proper determination of the number of crimes.
▶ Seoul Central District Court, decided April 11, 2019, 2018Godan8786 - Summary of the Judgment
Because the crime of hit-and-run causing injury includes the constituent elements of a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (injury), the court held that where hit-and-run causing injury is established, a violation of that Act (injury) does not separately constitute a crime.
② The relationship between dangerous driving causing injury and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents
The court also viewed the crime of dangerous driving causing injury as being in a relationship that absorbs a violation of that Act, so that it cannot be punished in duplication with such a violation.
③ The structure of the final determination
Accordingly, the court presented the conclusion that, where the crime of hit-and-run causing injury is recognized, the crime of dangerous driving causing injury is also included within it, so that it cannot be separately assessed or aggravated and punished as a distinct crime.
3. Drunk Driving Traffic Accident | Case Outcome, 'Suspended Sentence'
The court, accepting the drunk driving specialist attorney's arguments, ultimately gave comprehensive consideration to the following in the drunk driving traffic accident case.
Factors Considered
▷ That the client reached a settlement with all of the victims
▷ Other factors such as age, character, family relationships, and the circumstances of the case
As a result, the court reversed the first instance judgment and imposed a suspended sentence.
As a result, the client escaped the crisis of an actual custodial sentence and was able to return to daily life.
Immediately after the pronouncement, the client and the client's family also conveyed deep words of gratitude.
Coming after a heavy period of time, this decision became a precious opportunity for the client to set life upright once again.
4. Drunk Driving Traffic Accident | What Is the Level of Punishment?
When a drunk driving traffic accident is caused, as in this case, serious crimes such as dangerous driving causing injury and hit-and-run causing injury may be applied in addition to simple drunk driving, so the level of punishment becomes considerably higher.
The level of punishment is as follows.
Punishment for Drunk Driving
If you are caught for drunk driving, you will be punished under Article 148-2 of the Road Traffic Act.
▶ Basic Punishment for Drunk Driving (Article 148-2 of the Road Traffic Act)
Blood Alcohol Concentration | Level of Punishment |
0.03% to less than 0.08% | Imprisonment for not more than 1 year or a fine not exceeding 5 million won |
0.08% to less than 0.2% | Imprisonment for not less than 1 year and not more than 2 years, or a fine of not less than 5 million won and not more than 10 million won |
0.2% or more | Imprisonment for not less than 2 years and not more than 5 years, or a fine of not less than 10 million won and not more than 20 million won |
If you are caught for drunk driving again within 10 years, you will be subject to aggravated punishment as follows.
▶Two Instances of Drunk Driving Within 10 Years
Blood Alcohol Concentration | Level of Punishment |
0.03% or more to less than 0.2% | Imprisonment for not less than 1 year and not more than 5 years, or a fine of not less than 5 million won and not more than 20 million won |
0.2% or more | Imprisonment for not less than 2 years and not more than 6 years, or a fine of not less than 10 million won and not more than 30 million won |
Dangerous Driving Causing Death or Injury and Hit-and-Run Causing Injury
Dangerous driving causing death or injury is established when an accident is caused, resulting in harm, while in a state in which normal driving is difficult due to alcohol or drugs.
▶ Dangerous Driving Causing Death or Injury (Article 5-11 of the Act on Aggravated Punishment of Specific Crimes)
Injury to the Victim | Imprisonment for not less than 1 year and not more than 15 years, or a fine of 10 million to 30 million won |
Death of the Victim | Life imprisonment or imprisonment for not less than 3 years |
The crime of hit-and-run causing injury is established when a person, after causing injury to another through the operation of a vehicle, leaves the scene without taking appropriate measures.
▶ Aggravated Punishment of a Fleeing Vehicle Driver (Article 5-3 of the Act on Aggravated Punishment of Specific Crimes)
Where the Driver Causes Injury and Flees | Imprisonment for a definite term of not less than 1 year, or a fine of not less than 5 million won and not more than 30 million won |
Where the Driver Causes Death and Flees, or Where the Victim Dies After the Driver Flees | Life imprisonment or imprisonment for not less than 5 years |
▶ Dangerous Driving Causing Injury vs Hit-and-Run Causing Injury: What Is the Difference?
By contrast, hit-and-run causing injury is a crime that punishes the 'act of fleeing after the accident', in which the driver leaves the scene after the accident without aiding the victim.
Accordingly, the two crimes differ in their stage of establishment and the weight of responsibility, so that a separate determination is made for each even within a single case.
If You Need Assistance
When a person, flustered after causing a drunk driving traffic accident, leaves the scene, serious charges such as hit-and-run causing injury and dangerous driving causing injury may arise at the same time, so the initial response is important.
This firm, with specialist attorneys who have handled numerous drunk driving and traffic cases, designs a strategy spanning the entire process from the police and prosecution investigation through the trial proceedings, and provides systematic support ranging from a legal review of each case to the construction of a defense argument.
In addition, the firm provides practical assistance needed to mitigate the actual punishment, such as representation in settlements with victims, connection to reoffending-prevention programs, and preparation of sentencing materials.
If you find yourself in a situation similar to the case above, please feel free to prepare a response strategy through a 🔗drunk driving attorney legal consultation reservation at any time.
Daeryun, the 9th-largest law firm in the Republic of Korea (based on 2025 value-added tax filings with the National Tax Service), provides tailored legal services.
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