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Deals & Cases

Drunk driving, Failure to take measures after an accident

Assistance of a Drunk Hit-and-Run Attorney | Client Charged with Drunk Hit-and-Run, Defended Against a Custodial Sentence with a Suspended Sentence

The client, who sought out a drunk hit-and-run attorney, was in a situation in which the client was about to undergo a police investigation on a drunk hit-and-run charge after colliding with a streetlight while driving in an intoxicated state and then fleeing.

CONTENTS
  • 1. The Client Who Sought Out a Drunk Hit-and-Run Attorney
    • - The Circumstances of Becoming Involved in the Drunk Hit-and-Run Case
  • 2. The Case Issues Identified by the Drunk Hit-and-Run Attorney
    • - Did the Client Intentionally Flee the Scene of the Incident?
    • - Presenting Grounds for Leniency Through Materials of Reflection
    • - Consideration in Sentencing Through the Family Support Situation
  • 3. Result of the Drunk Hit-and-Run Attorney's Assistance: "Suspended Sentence"
    • - Punishment Criteria for Drunk Hit-and-Run
    • - Level of Punishment
    • - If You Are Facing Punishment for Drunk Hit-and-Run?

1. The Client Who Sought Out a Drunk Hit-and-Run Attorney

The client, who sought out a drunk hit-and-run attorney, was in a situation in which a custodial sentence was a concern, but, through the assistance of the drunk hit-and-run attorney, the client received a suspended sentence and was able to bring the case to an amicable conclusion.

The Circumstances of Becoming Involved in the Drunk Hit-and-Run Case

On the day of the incident, the client, while driving in an intoxicated state, caused an accident by striking a streetlight on the road.

In the past, the client had a record of criminal punishment for drunk driving, but because the client had not received a custodial sentence despite several instances of drunk driving, the client intended to proceed with the case without an attorney.

However, in this case, with a hit-and-run charge added to the drunk driving, a custodial sentence was a concern.


Determining that it would be difficult to proceed with the case alone, the client requested the assistance of a drunk hit-and-run attorney.

Drunk hit-and-run attorney case summary content

2. The Case Issues Identified by the Drunk Hit-and-Run Attorney

Drunk hit-and-run attorney case issue identification content

The drunk hit-and-run attorney first identified the case issues and constructed a response strategy suited to them.

Did the Client Intentionally Flee the Scene of the Incident?

On the day of the incident, the client caused an accident while driving the vehicle without carrying a mobile phone.

Because the time and place of the incident were late at night with few people around, and the client had no mobile phone, it was difficult to ask for help or make contact with anyone nearby.

Accordingly, the client walked to a nearby convenience store immediately after the accident and asked for help, and judging from these circumstances, it can be seen that the cause was the difficulty of the initial response after the accident rather than an intentional flight.

The drunk hit-and-run attorney identified the specific issues of the case and systematically gathered the client's circumstances and the sentencing factors to prepare a strategy capable of obtaining leniency.

Presenting Grounds for Leniency Through Materials of Reflection

The client acknowledged all of the client's wrongdoing and was sincerely repenting and reflecting on having caused trouble through drunk driving.

Accordingly, the drunk hit-and-run attorney gathered the following materials to emphasize that the client was not merely reflecting in words, but was in fact making efforts to prevent reoffending.

- A letter of reflection written by the client

- A certificate of completion of a drunk driving reoffending prevention program

- Photographs of participation in a campaign

Consideration in Sentencing Through the Family Support Situation

The client is currently supporting the client's parents, and the parents were in a state of complete economic dependence on the client.

The drunk hit-and-run attorney organized this family situation through materials and statements and conveyed to the court in specific terms the economic and practical difficulties the family would face if the client were to receive a custodial sentence.

Through this, the attorney increased the possibility of leniency for the client and prepared grounds that the court could take into account when determining the sentence.

3. Result of the Drunk Hit-and-Run Attorney's Assistance: "Suspended Sentence"

After the drunk hit-and-run attorney comprehensively submitted to the court the client's materials of reflection, family support situation, and efforts to prevent reoffending, and carefully organized the case issues, the court issued a suspended sentence instead of a custodial sentence.

The client then expressed gratitude to the drunk hit-and-run attorney, saying, "I was very afraid that I would receive a custodial sentence, but thanks to you, I was able to receive leniency."

Punishment Criteria for Drunk Hit-and-Run

Drunk driving refers, as the term suggests, to the act of driving while in an intoxicated state, and it is punished in accordance with the relevant statutes.

A hit-and-run constitutes a violation of the duty of "failure to take measures after an accident" under the Road Traffic Act.

The Supreme Court has held as follows regarding the charge of failure to take measures after an accident.

Supreme Court, February 25, 2010, 2009Do11057

The duty regarding failure to take measures after an accident is intended to prevent and remove traffic-related dangers and obstacles arising on the road and to secure safe and smooth traffic, and a driver who has caused a traffic accident must take the measures ordinarily required according to the specific circumstances, such as the nature of the accident and the extent of the damage.

However, in the client's case, by leaving the scene at the time of the accident, the charge of violating the duty of failure to take measures after an accident under the Road Traffic Act was established.

Level of Punishment

Level of Punishment for Failure to Take Measures After an Accident

Statutory Provision

Level of Punishment

Article 148 of the Road Traffic Act

Imprisonment for not more than 5 years or a fine of not more than 15 million won

Level of Punishment for Drunk Driving

Blood Alcohol Concentration

Level of Punishment

0.2% or higher

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

0.08% or higher and 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

0.03% or higher and less than 0.08%

Imprisonment for not more than 1 year, or

a fine of not more than 5 million won

If You Are Facing Punishment for Drunk Hit-and-Run?

Drunk hit-and-run can lead not only to criminal punishment but also to administrative disadvantages, such as the suspension or revocation of a license.

In particular, where there is a record of drunk driving, as in the client's case, the likelihood of a custodial sentence is high, and along with criminal punishment, practical disadvantages such as increased insurance premiums may arise at the same time.

The drunk driving specialist attorney at Daeryun Law Firm systematically gathers and organizes sentencing factors such as the degree of reflection, the family support situation, and efforts to prevent reoffending, and prepares a response strategy from the early stage of the case.

If you have become involved in a drunk hit-and-run case in a situation such as the above, please request assistance without delay through a drunk hit-and-run attorney🔗by scheduling a legal consultation.

음주뺑소니변호사 조력 | 음주뺑소니 혐의 의뢰인, 집행유예로 실형 방어

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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