CONTENTS
- 1. The Client Who Came to the Ulsan Criminal Defense Attorney
- - How the Client Came to the Ulsan Criminal Defense Attorney
- 2. Statutes Related to the Case Explained by the Ulsan Criminal Defense Attorney
- 3. Assistance Provided by the Ulsan Criminal Defense Attorney
- 4. The Court's Determination on the Ulsan Criminal Defense Attorney's Arguments
- - If You Need the Assistance of an Ulsan Criminal Defense Attorney
1. The Client Who Came to the Ulsan Criminal Defense Attorney
The Ulsan criminal defense attorney was contacted by a client who, after causing the victim a serious injury through drunk driving and then fleeing, requested a consultation with the Ulsan office's criminal defense attorney.
How the Client Came to the Ulsan Criminal Defense Attorney
The client in this case shared one bottle of whiskey with two acquaintances at a bar and then entered a state of blackout.
Although he should have called a designated driver and gone home, the client, whose judgment was impaired, ended up taking the wheel while in a blackout state.
Unable to operate the vehicle normally, the client failed to properly control the steering of the car and collided with the victim, who was on the right side of the road.
As a result, the victim suffered serious injuries, including rib fractures, requiring approximately 8 weeks of treatment.
The client, who drove 🔗while intoxicated with a blood alcohol concentration of 0.089% and caused the victim an injury, even fled without taking any measures to aid the victim.
The client came to the Ulsan criminal defense attorney to resolve the matter with the assistance of an attorney specializing in such cases.
2. Statutes Related to the Case Explained by the Ulsan Criminal Defense Attorney
Drunk Driving
Road Traffic Act, Article 44 (Prohibition of Driving While Intoxicated)
① No person shall drive a motor vehicle, etc., a tram, or a bicycle while intoxicated.
Road Traffic Act, Article 148-2 (Penal Provisions)
③ A person who drives a motor vehicle, etc., or a tram while intoxicated in violation of Article 44 (1) shall be punished according to the following classifications.
1. A person whose blood alcohol concentration is 0.2 percent or more shall be punished by imprisonment with labor for not less than 2 years and not more than 5 years, or by a fine of not less than 10 million won and not more than 20 million won
2. A person whose blood alcohol concentration is 0.08 percent or more but less than 0.2 percent shall be punished by imprisonment with labor for not less than 1 year and not more than 2 years, or by a fine of not less than 5 million won and not more than 10 million won
3. A person whose blood alcohol concentration is 0.03 percent or more but less than 0.08 percent shall be punished by imprisonment with labor for not more than 1 year or by a fine not exceeding 5 million won
Aggravated Punishment of Drivers of Fleeing Vehicles
Act on Aggravated Punishment of Specific Crimes, Article 5-3 (Aggravated Punishment of Drivers of Fleeing Vehicles)
① Road Traffic Act Article 2, where the driver of a motor vehicle, a motorized bicycle, or a construction machine other than a construction machine under the proviso of Construction Machinery Management Act Article 26 (1) (hereinafter referred to as a “motor vehicle, etc.”) commits the crime under Criminal Act Article 268 by the operation of the motor vehicle, etc., and the driver (hereinafter referred to as the “accident driver”) flees without taking the measures under Road Traffic Act Article 54 (1), such as aiding the victim, the driver shall be subject to aggravated punishment according to the following classifications.
- Where the driver causes the death of the victim and flees, or the victim dies after the driver flees, the driver shall be punished by life imprisonment or by imprisonment with labor for not less than 5 years.
- Where the driver causes injury to the victim, the driver shall be punished by imprisonment with labor for a definite term of not less than 1 year, or by a fine of not less than 5 million won and not more than 30 million won.
Road Traffic Act, Article 54 (Measures at the Time of an Accident)
① Where a person is killed or injured or property is damaged (hereinafter referred to as a “traffic accident”) by the driving of, or other traffic involving, a vehicle or tram, the driver or other crew member of the vehicle or tram (hereinafter referred to as the “driver, etc.”) shall immediately stop and take the following measures.
- Measures necessary to aid the casualties, and the like
- Provision of personal information (referring to name, telephone number, address, and the like) to the victim
3. Assistance Provided by the Ulsan Criminal Defense Attorney
The Ulsan criminal defense attorney developed a careful strategy with the aim of obtaining a suspended sentence in the client's case.
The attorney presented arguments emphasizing the following points.
■ That the client feels a deep sense of responsibility for having driven while intoxicated and for causing harm to the victim, and is reflecting on his conduct
■ That the client raised and paid 15 million won as a settlement amount in addition to medical expenses to the victim, and that the victim and the victim's family have all forgiven the client and do not wish for punishment
■ That the client disposed of his vehicle on his own to eliminate the possibility of reoffending, so that there is no risk of reoffending
4. The Court's Determination on the Ulsan Criminal Defense Attorney's Arguments
Accepting the arguments of the Ulsan criminal defense attorney, the court pronounced, ‘The defendant shall be sentenced to imprisonment with labor for 1 year. However, the execution of the said sentence shall be suspended for 2 years from the date this judgment becomes final.’
If You Need the Assistance of an Ulsan Criminal Defense Attorney
In criminal cases, the early response is very important. To secure the critical early window of a criminal case, the assistance of an attorney specializing in criminal matters can be said to be essential.
Law Firm Daeryun forms criminal defense teams of 3 to 20 attorneys specializing in criminal matters, appropriate to the scale of the case, and presents reasonable and sound criminal 🔗case strategies.
The firm also operates a system that provides consultation and prompt response throughout the year, so if you need the assistance of an attorney specializing in criminal matters, you are welcome to consult with the Gwangju criminal defense attorney 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.
