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Deals & Cases

Drunk driving (DUI), Dangerous driving causing death

[Incheon Traffic Accident Specialist Attorney Favorable Judgment] Incheon Traffic Accident Specialist Attorney Secures an Actual Custodial Sentence for a Drunk Driving Offender Through Representation in Filing a Complaint

The client who came to the Incheon traffic accident specialist attorney lost her husband, who was killed by a drunk driving offender. She requested Daeryun's assistance with representation in filing a complaint, and a substantial settlement amount and a significant custodial sentence were obtained.

CONTENTS
  • 1. The Client Who Came to the Incheon Traffic Accident Specialist Attorney
    • - The Circumstances at the Time of the Incident as Identified by the Incheon Traffic Accident Specialist Attorney
    • - Drunk Driving Statutes Explained by the Incheon Traffic Accident Specialist Attorney
  • 2. The Incheon Traffic Accident Specialist Attorney's Process of Assistance With Representation in Filing a Complaint
    • - The Incheon Traffic Accident Specialist Attorney's Assistance, Step 1: “Filing the Complaint”
    • - The Incheon Traffic Accident Specialist Attorney's Assistance, Step 2: “Examination of the Complainant”
    • - The Incheon Traffic Accident Specialist Attorney's Assistance, Step 3: “Petitioning the Court for Severe Punishment”
  • 3. The Result of the Incheon Traffic Accident Specialist Attorney's Assistance
    • - If You Need Assistance to Protect a Victim

1. The Client Who Came to the Incheon Traffic Accident Specialist Attorney

The husband of the client who came to the Incheon traffic accident specialist attorney was struck while the offender, who was driving under the influence, fled to evade a police drunk driving checkpoint. The husband was seriously injured and died at the scene.

The client came to Daeryun seeking to have the offender receive the most severe punishment possible.

The Circumstances at the Time of the Incident as Identified by the Incheon Traffic Accident Specialist Attorney

Incheon traffic accident specialist attorney

The Incheon traffic accident specialist attorney identified the circumstances at the time of the incident through the police investigation results and other materials.

While driving in an intoxicated state with a blood alcohol concentration of 0.186%, the offender noticed police conducting a drunk driving checkpoint near an intersection.

In fleeing to evade it, the offender ran a traffic signal and charged onto the sidewalk, colliding with the client's husband, the victim, who happened to be waiting on the sidewalk for the crosswalk signal.

The victim was seriously injured and died at the scene.

Deeply shocked and pained by the news of her husband's accident, the client requested representation in filing a complaint, stating that she wished to see the offender severely punished.

Drunk Driving Statutes Explained by the Incheon Traffic Accident Specialist Attorney

The offender drove about 1 km in an intoxicated state with a blood alcohol concentration of 0.186%, which falls within the range for license revocation.

The following are the drunk driving statutes set out in the Road Traffic Act.

▣ Road Traffic Act Article 44 (4)

The standard for the intoxicated state in which driving is prohibited shall be a case in which the driver's blood alcohol concentration is 0.03% or higher.

▣ Road Traffic Act Article 148-2 (3)

Blood alcohol concentration of 0.03% or higher and less than 0.08%

Imprisonment for not more than 1 year or a fine not exceeding 5 million won

License suspension

Blood alcohol concentration of 0.08% or higher and less than 0.2%

Imprisonment for at least 1 year and not more than 2 years, or a fine of at least 5 million won and not exceeding 10 million won

License revocation

Blood alcohol concentration of 0.2% or higher

Imprisonment for at least 2 years and not more than 5 years, or a fine of at least 10 million won and not exceeding 20 million won

※ If you would like to know the level of punishment for drunk driving, you can use Daeryun's preliminary review system.

2. The Incheon Traffic Accident Specialist Attorney's Process of Assistance With Representation in Filing a Complaint

The Incheon traffic accident specialist attorney assisted the client as follows.

The Incheon Traffic Accident Specialist Attorney's Assistance, Step 1: “Filing the Complaint”

Daeryun first formed a team of 3 to 20 or more traffic accident and criminal specialist attorneys.

Based on the record of the consultation with the client, the team reviewed the evidence and secured statements.

The team then, on behalf of the client, prepared a clear and well-organized complaint and carried out the filing procedure.

The Incheon Traffic Accident Specialist Attorney's Assistance, Step 2: “Examination of the Complainant”

Daeryun confirmed the assigned detective and coordinated the examination schedule, and it assisted throughout the entire examination process for the client's convenience and safety.

The Incheon Traffic Accident Specialist Attorney's Assistance, Step 3: “Petitioning the Court for Severe Punishment”

Daeryun emphasized the following points and requested that the offender be given severe punishment.

■ The offender had been punished for drunk driving three separate times in the past

■ The offender drove while heavily intoxicated and, to evade the police checkpoint, ran a traffic signal and charged onto the sidewalk, so the nature of the offense was very serious

■ The victim sustained considerable injuries and died in extreme pain.

The emotional harm to the bereaved family, including the shock, sense of loss, and pain, was very great

■ The bereaved family was petitioning for severe punishment of the offender

3. The Result of the Incheon Traffic Accident Specialist Attorney's Assistance

The court considered the arguments of the Incheon traffic accident specialist attorney and recognized the seriousness of this matter, and it accordingly sentenced the offender to 8 years of imprisonment.

The victim's bereaved family was also able to receive a settlement amount of 40 million won from the offender.

If You Need Assistance to Protect a Victim

As a member of the victim's bereaved family, the client was overcome by a deep sense of loss and shock, yet seeing the offender receive a significant custodial sentence along with a substantial settlement amount gave her at least some measure of comfort.

As with the client above, where a party wishes to petition for severe punishment of an offender, Daeryun prepares and submits a written opinion on the facts of the crime so that an appropriate punishment may be imposed,

and where a party wishes to obtain the maximum compensation, Daeryun assists, through procedures such as an application for a criminal restitution order, so that the party may recover the fullest possible compensation for the harm.

Daeryun gives careful regard to the emotional suffering of victim clients and assists to the fullest for their complete recovery from the harm.

If you are suffering because of harm from a traffic accident, you are welcome to visit Daeryun Law Firm at any time to develop a solution suited to your situation and needs.

[인천교통사고전문변호사 승소 사례] 인천교통사고전문변호사, 고소대리로 음주운전 가해자 실형받아내

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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