CONTENTS
- 1. The Client Who Visited the Uijeongbu Law Office
- - The Client's Circumstances as Ascertained by the Uijeongbu Law Office
- - The Relevant Statutes, Explained by the Uijeongbu Law Office
- 2. The Assistance Provided by the Uijeongbu Law Office for the Client
- - The Client Has Confessed to All of the Offenses and Is Showing Remorse
- - The Client Is Making Efforts to Prevent Reoffending
- - The Client Reached a Settlement with the Victim
- 3. Uijeongbu Law Office Successfully Obtains a Suspended Sentence for the Client Despite Prior Convictions for the Same Type of Offense
- - If You Have Caused a Traffic Accident and the Charges Are Serious
1. The Client Who Visited the Uijeongbu Law Office
The client who visited the Uijeongbu law office caused an accident while driving after drinking late at night. However, due to the failure to take measures after the accident, the client was also charged with hit-and-run causing injury and was at risk of receiving a custodial sentence.
The Client's Circumstances as Ascertained by the Uijeongbu Law Office
The client, who had been working until late in the early morning, drank whiskey that a customer had given him.
Furthermore, the client, who had not slept comfortably the night before, was driving while drowsy on top of being intoxicated when he rear-ended a large truck from behind.
The driver of the large truck sustained an injury serious enough to receive a diagnosis of two weeks of treatment, but the client fled immediately after the accident out of fear.
After hiding at a location about 50 meters away, the client fell asleep and was ultimately apprehended by the police.
At the time, the client was charged with drunk driving in an intoxicated state with a blood alcohol concentration of 0.178%, and
in addition, he was charged with violation of the Act on Aggravated Punishment of Specific Crimes for hit-and-run causing injury and dangerous driving causing injury.
Because the client already had a record of having been punished three times for drunk driving, it appeared difficult for him to avoid a custodial sentence.
The Relevant Statutes, Explained by the Uijeongbu Law Office
▣ Road Traffic Act, Article 44 [Prohibition of Driving While Intoxicated]
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 percent or higher.
▣ Road Traffic Act, Article 148-2 (Penal Provisions)
| Blood alcohol concentration 0.2% or higher | 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 |
| Blood alcohol concentration 0.03% or higher and 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 |
| Blood alcohol concentration 0.03% or higher and less than 0.08% | Imprisonment for not more than 1 year, or a fine not exceeding 5 million won |
▣ Act on Aggravated Punishment of Specific Crimes
- Article 5-11 [Dangerous Driving Causing Death or Injury]
A person who, in a state in which normal driving is difficult due to the influence of alcohol or drugs, operates a motor vehicle and thereby causes injury to another shall be punished by imprisonment for not less than 1 year and not more than 15 years, or a fine of not less than 10 million won and not more than 30 million won, and a person who thereby causes death shall be punished by imprisonment for life or for not less than 3 years.
- Article 5-3 [Aggravated Punishment of a Fleeing Vehicle Driver]
① Where the driver causes the death of the victim and flees, or where the victim dies after the driver flees, the driver shall be punished by imprisonment for life or for not less than 5 years.
② Where the driver causes injury to the victim, the driver shall be punished by 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.
2. The Assistance Provided by the Uijeongbu Law Office for the Client
Through Daeryun's attorney specializing in traffic accidents, the Uijeongbu law office carefully listened to the circumstances of the client's case and worked to obtain the greatest possible reduction of the sentence.
The office then presented the following points and requested leniency from the court.
The Client Has Confessed to All of the Offenses and Is Showing Remorse
The client acknowledges all of his wrongdoing and is sincerely remorseful.
By submitting a handwritten letter of apology, the client demonstrated that he is earnestly and deeply reflecting on his offenses.
The Client Is Making Efforts to Prevent Reoffending
Despite already having three prior convictions for the same type of offense, the client committed the offense again, and he is greatly disappointed in himself and is full of self-reproach.
Accordingly, in order to resolve not to drive under the influence in the future, the client prepared a pledge to eradicate drunk driving.
The Client Reached a Settlement with the Victim
The client paid the victim 3 million won as a settlement amount and conveyed sincere words of apology.
Accordingly, the victim reached an amicable settlement with the client and expressed the intent not to seek punishment.
3. Uijeongbu Law Office Successfully Obtains a Suspended Sentence for the Client Despite Prior Convictions for the Same Type of Offense
As a result of the Uijeongbu law office's full efforts in assisting the client, a suspended sentence with a probationary period of 2 years was imposed, thereby successfully avoiding a custodial sentence.
If You Have Caused a Traffic Accident and the Charges Are Serious
In addition to drunk driving, the client was also charged with drowsy driving and hit-and-run causing injury, and because the charges were substantial, the assistance of an attorney specializing in this area was essential.
Recently, cases of hit-and-run causing injury combined with drunk driving, so-called “drunk hit-and-run,” have been increasing.
In response, the Supreme Prosecutors' Office has recommended to the Ministry of Justice that a punishment provision for drunk hit-and-run be newly established, and the National Police Agency has also stated its position that it will devote its full efforts to investigation in order to ensure punishment.
Therefore, if you are charged in a manner similar to the client above, there is a high likelihood of severe punishment, so it is necessary to receive the assistance of an attorney specializing in this area.
Daeryun operates a Drunk Driving and Traffic Group, in which attorneys specializing in traffic accidents provide their best assistance to clients, so if you need help, please feel free to reach out to Daeryun's Uijeongbu law office at any time.
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.
