[Special Bodily Injury Attorney Assistance] Client Accused of Special Bodily Injury Receives a “Suspended Sentence” With the Help of an Attorney

The victim in this case, convinced that the client was driving while intoxicated, followed the client's vehicle.

A short while later, when the client's vehicle stopped, the victim grabbed the client's driver's-side window and protested to the client.

Having a prior record of being punished for drunk driving, the client feared being punished for drunk driving again.

For that reason, even though the victim was holding onto the driver's-side window, the client started the car and drove over the victim's right leg.

The victim sustained injuries requiring at least three weeks of treatment, including open wounds to the right knee joint and the left eyebrow area and multiple injuries to the lower leg.

Facing the risk of an actual custodial sentence, the client sought assistance from an attorney and turned to a special bodily injury attorney.

▶ Special Bodily Injury

■ Criminal Act Article 258-2 (Special Bodily Injury)

A person who commits the crime of bodily injury by displaying the power of a group or multitude or by carrying a dangerous object shall be punished by imprisonment for not less than one year and not more than ten years.

■ Criminal Act Article 257(1) (Bodily Injury, Bodily Injury to a Lineal Ascendant)

A person who inflicts bodily injury on another shall be punished by imprisonment for not more than seven years, suspension of qualifications for not more than ten years, or a fine not exceeding 10 million won.

■ Criminal Act Article 62(1) (Requirements for a Suspended Sentence)

Where a sentence of imprisonment with or without labor for not more than three years is to be pronounced, the execution of the sentence may be suspended for a period of not less than one year and not more than five years where there are grounds warranting consideration of the circumstances in light of the matters under Article 51. However, this does not apply to a person for whom five years have not elapsed since the completion or exemption of the execution of a sentence of imprisonment without labor or heavier.

▶ The special bodily injury attorney emphasized that the client acknowledged the offense in this case and was deeply remorseful, and that he had resolved never to commit such a wrong again.

▶ The special bodily injury attorney emphasized that, after the offense, the client visited the victim and apologized, paid a settlement of 28,000,000 won and reached a settlement, and the victim expressed that he did not wish the client to be punished.

▶ The special bodily injury attorney emphasized that the client's acquaintances and family earnestly hoped for leniency toward the client.

In the case above, a client accused of special bodily injury avoided an actual custodial sentence with the assistance of a special bodily injury attorney and received a “suspended sentence.”

If you are involved in a charge of special bodily injury like the case above and are looking for a solution, please feel free to turn to a special bodily injury attorney at any time.

We will provide you with dedicated assistance.