CONTENTS
- 1. Client Who Came to an Incheon Attorney
- - The Facts of the Crime of the Incheon Attorney's Client
- 2. Examining the Statutes with the Incheon Attorney
- - Examining the Statutes with the Incheon Attorney: ① Dangerous Driving Causing Injury
- - Examining the Statutes with the Incheon Attorney: ② Drunk Driving
- 3. The Incheon Attorney's Defense of the Client
- - The Incheon Attorney's Client Acknowledges the Offense and Is Remorseful
- - The Incheon Attorney's Client Has No Prior Criminal Punishment
- - The Incheon Attorney's Client Has Two Children to Raise
- - The Incheon Attorney's Client Made Efforts to Restore the Victim's Losses
- 4. The Judgment Received by the Incheon Attorney's Client
1. Client Who Came to an Incheon Attorney
The client who came to an Incheon attorney requested assistance, stating that he was facing the risk of imprisonment for dangerous driving causing injury and drunk driving.
The Facts of the Crime of the Incheon Attorney's Client
The Incheon attorney's client was driving home in an intoxicated state.
Because he was intoxicated and could not operate the vehicle's brakes accurately, he struck a victim who was waiting for the signal at a crosswalk.
As a result, the client committed the offenses of dangerous driving causing injury and drunk driving.
2. Examining the Statutes with the Incheon Attorney
Let us examine in detail the statutes applicable to the offenses involving the Incheon attorney and the client.
Examining the Statutes with the Incheon Attorney: ① Dangerous Driving Causing Injury
Act on Aggravated Punishment of Specific Crimes Article 5-11 (Dangerous Driving Causing Death or Injury)
(1) A person who drives a motor vehicle, etc. in a state in which normal driving is difficult due to the influence of alcohol or drugs, thereby causing bodily injury to another person, shall be punished by imprisonment for not less than 1 year and not more than 15 years, or by 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.
Under the Act on Aggravated Punishment of Specific Crimes, a person who causes bodily injury to another person after drunk driving 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.
Examining the Statutes with the Incheon Attorney: ② 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.
Article 148-2 (Penal Provisions)
(3) Article 44 (1) A person who, in violation of Article 44 (1), drives a motor vehicle, etc. or a tram while intoxicated shall be punished according to the following classifications.
1. A person with a blood alcohol concentration of 0.2 percent or higher: imprisonment for not less than 2 years and not more than 5 years, or a fine of not less than 10 million won and not more than 20 million won
2. A person with a blood alcohol concentration of 0.08 percent or higher but less than 0.2 percent: imprisonment for not less than 1 year and not more than 2 years, or a fine of not less than 5 million won and not more than 10 million won
3. A person with a blood alcohol concentration of 0.03 percent or higher but less than 0.08 percent: imprisonment for not more than 1 year, or a fine of not more than 5 million won
Depending on the blood alcohol concentration prescribed under the Road Traffic Act, a person may be punished by up to imprisonment for not less than 2 years and not more than 5 years, or a fine of not less than 10 million won and not more than 20 million won.
3. The Incheon Attorney's Defense of the Client
The Incheon attorney's client appeared to be in a situation in which imprisonment was unavoidable due to the two offenses described above.
For various reasons, he earnestly requested that imprisonment be avoided, and the Incheon attorney undertook the defense to protect the client against imprisonment.
The Incheon Attorney's Client Acknowledges the Offense and Is Remorseful
The Incheon attorney's client fully acknowledged his wrongdoing and cooperated diligently in the investigation process.
He is sincerely reflecting on his conduct and has resolved never to repeat the same wrongdoing.
The Incheon Attorney's Client Has No Prior Criminal Punishment
Apart from this case, the Incheon attorney's client has no prior record of criminal punishment arising from criminal conduct.
As he is sincerely reflecting on his conduct, the likelihood of reoffending is also very low.
The Incheon Attorney's Client Has Two Children to Raise
The Incheon attorney's client is fulfilling his economic responsibilities to raise his two young children, and does not refuse overtime work in order to serve as the head of the household.
The Incheon Attorney's Client Made Efforts to Restore the Victim's Losses
In order to help the victim recover, the Incheon attorney's client paid the medical expenses, sincerely sought the victim's forgiveness, and reached a settlement.
4. The Judgment Received by the Incheon Attorney's Client
After hearing the Incheon attorney's submissions, the court issued a suspended sentence to the client.
As the client requested, the Incheon attorney successfully defended against imprisonment.
If you are in a situation like the Incheon attorney's client and face the risk of imprisonment, please reach out to the Drunk Driving Traffic Accident Group of Daeryun Law Firm.
An attorney specializing in drunk driving traffic accidents will assist in resolving your case.
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.
