CONTENTS
- 1. The Client's Situation
- - How the Client Came to the Busan Law Firm
- 2. Laws Related to the Case, Explained by the Busan Law Firm
- 3. How the Busan Law Firm Provided Assistance
- - Busan Law Firm, Argument That the Client Was Remorseful
- - Busan Law Firm, Argument That the Client's Health Was Poor
- - Busan Law Firm, Argument That the Client Made Every Effort to Remedy the Harm
- 4. The Court's Determination on the Busan Law Firm's Arguments
- - If You Need the Help of the Busan Law Firm
1. The Client's Situation
The client who came to the Busan law firm had a prior record of drunk driving and yet drove under the influence again and became involved in a hit-and-run causing injury, facing a severe sentence.
The client requested a consultation at the Busan office in order to reduce the sentence as much as possible.
How the Client Came to the Busan Law Firm
The client took the wheel in an intoxicated state with a blood alcohol concentration of 0.211%.
While driving, the client became thirsty and decided to park the vehicle briefly on the shoulder of the road and go to a convenience store.
The client tried to park the vehicle by the roadside, but because the client was driving while intoxicated, normal driving was not possible.
The client struck a passenger car parked on the road with the front bumper and then struck in succession the rear bumpers of other vehicles and the cargo bed of a truck.
On top of this, the client caused a victim riding in an affected vehicle an injury requiring about two weeks of treatment and then fled.
The client, who had multiple prior records of drunk driving, became involved this time in a hit-and-run causing injury as well and was at risk of receiving an actual custodial sentence.
The client requested the assistance of the Busan law firm in order to reduce the sentence as much as possible.
2. Laws Related to the Case, Explained by the Busan Law Firm
■ Aggravated Punishment of a Fleeing Vehicle Driver
Act on Aggravated Punishment of Specific Crimes Article 5-3 (Aggravated Punishment of a Fleeing Vehicle Driver)
① Road Traffic Act Article 2 motor vehicles, motorized bicycles, or construction machinery other than the construction machinery under the proviso of Construction Machinery Management Act Article 26 (1) (hereinafter referred to as “motor vehicles, etc.”): where the driver of the relevant motor vehicle, etc. (hereinafter referred to as the “accident driver”) who has committed the offense under Criminal Act Article 268 through the operation of motor vehicles, etc. flees without taking the measures under Road Traffic Act Article 54 (1), such as rescuing the victim, the driver shall be subject to aggravated punishment in accordance with the following classifications.
- If the driver causes the victim's death and flees, or where the victim dies after the driver flees, the driver shall be punished by imprisonment for life or for a definite term of at least five years.
- If the driver causes injury to the victim, the driver shall be punished by imprisonment for a definite term of at least one year or by a fine of at least 5 million won and not more than 30 million won.
Road Traffic Act Article 54 (Measures upon Occurrence of an Accident)
① If a person is killed or injured or property is damaged (hereinafter referred to as a “traffic accident”) due to the operation of a vehicle or tram, etc., the driver of that vehicle or tram or other crew member (hereinafter referred to as the “driver, etc.”) shall immediately stop and take the following measures.
- Necessary measures such as rescuing the casualties
- Providing the victim with personal information (meaning name, telephone number, address, etc.)
■ Drunk Driving
Road Traffic Act Article 44 (Prohibition of Driving While Intoxicated)
① No person shall drive a motor vehicle, etc., tram, or bicycle while intoxicated.
Road Traffic Act Article 148-2 (Penalty Provisions)
③ A person who, in violation of Article 44 (1), drives a motor vehicle, etc. or a tram while intoxicated shall be punished in accordance with the following classifications.
1. A person with a blood alcohol concentration of 0.2 percent or higher: imprisonment for at least two years and not more than five years or a fine of at least 10 million won and not more than 20 million won
2. A person with a blood alcohol concentration of at least 0.08 percent and less than 0.2 percent: imprisonment for at least one year and not more than two years or a fine of at least 5 million won and not more than 10 million won
3. A person with a blood alcohol concentration of at least 0.03 percent and less than 0.08 percent: imprisonment for not more than one year or a fine of not more than 5 million won
3. How the Busan Law Firm Provided Assistance
The Busan law firm developed a careful strategy to obtain a suspended sentence.
The Busan law firm made the following arguments.
Busan Law Firm, Argument That the Client Was Remorseful
The Busan law firm argued that the client had acknowledged all of the wrongdoing from the very first investigation and cooperated sincerely with the investigation, and that the client was deeply ashamed of this foolish wrongdoing, repented deeply, and wrote a letter of apology.
Busan Law Firm, Argument That the Client's Health Was Poor
The client is in poor health with stage 3 liver cancer and is taking cancer treatment medication, and in addition is taking medication to treat chronic conditions such as joint disease and diabetes.
The Busan law firm argued that the client's health is currently very poor and that the client will need to receive continued treatment going forward.
Busan Law Firm, Argument That the Client Made Every Effort to Remedy the Harm
The Busan law firm argued that the client had completed all insurance filings and processing for the property damage, and reached a settlement with the injured parties for the personal injuries, showing that the client made every effort to remedy the harm.
4. The Court's Determination on the Busan Law Firm's Arguments
The court accepted the Busan law firm's arguments and imposed a ‘suspended sentence’.
If You Need the Help of the Busan Law Firm
At Daeryun Law Firm, attorneys experienced in criminal matters jointly handle criminal cases.
The firm also operates a system available for consultation and urgent response 365 days a year, 24 hours a day.
If you wish to proceed with your case alongside an attorney in a situation similar to this one, please reach out to the Busan law firm 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.
