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Deals & Cases

Drunk Driving (DUI), Dangerous Driving Causing Injury

Daegu DUI Attorney | Client Who Caused an Accident Riding a Motorcycle After Drinking Successfully Defended Against Criminal Punishment

The Daegu DUI attorney defended a client who came to a DUI attorney after riding a motorcycle and causing an accident while under the influence. The Daegu DUI attorney succeeded in defending the client against criminal punishment.

CONTENTS
  • 1. The Client's Situation
  • 2. Daegu DUI Attorney, the Client's Charges
  • 3. The Daegu DUI Attorney's Defense for the Client
    • - Daegu Drunk Driving Attorney: “The Client Poses No Risk of Reoffending”
    • - Daegu Drunk Driving Attorney: “The Victim Forgave the Client”
  • 4. The Judgment Achieved by the Daegu Drunk Driving Attorney

1. The Client's Situation

This is the story of the client who came to the Daegu DUI attorney. The client explained that they had ridden a motorcycle while under the influence in downtown Daegu, caused an accident, and inflicted injuries requiring six weeks of treatment on the victim,

and that, facing the risk of criminal punishment, the client visited Daeryun in search of a large law firm that could prepare a response strategy suited to them.

The details of the client's case, as reviewed by the Daegu DUI attorney, were as follows.

Daegu DUI Attorney

The client was a day laborer who, after finishing work, came to have drinks with a meal alongside colleagues.

The place where the client ate was not far from home, so with a complacent attitude the client decided to ride their own motorcycle home.

Driving while intoxicated, the client could not make proper judgments, ran a signal while going straight, and collided with the motorcycle of the victim, who was making a left turn.

The victim sustained injuries requiring six weeks of treatment, and the client's blood alcohol concentration, measured by the responding police officer, was 0.21%.

The client was in a situation where they faced the risk of criminal punishment as a result of this incident.

2. Daegu DUI Attorney, the Client's Charges

The client had ridden a motorcycle and caused an accident while under the influence, and in such a case the following charges apply.

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 where normal driving is difficult due to the influence of alcohol or drugs and causes injury to another may 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 causes death may be punished by life imprisonment or imprisonment for a definite term of not less than 3 years.

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.

④ The standard for the intoxicated state in which driving is prohibited under paragraph (1) is a blood alcohol concentration of the driver of 0.03 percent or higher.

Road Traffic Act, Article 148-2 (Penalty Provisions) ③A person who drives a motor vehicle, etc. or a tram while intoxicated in violation of Article 44 (1) may be punished according to the following subparagraphs.

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

The client faced the risk of 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, for 🔗punishment for DUI and punishment for dangerous driving causing injury.

3. The Daegu DUI Attorney's Defense for the Client

The Daegu DUI attorney set about defending the client as follows.

Daegu Drunk Driving Attorney: “The Client Poses No Risk of Reoffending”

The client sustained injuries to his ribs and across his body from the accident in this case.

As a result, the client reached a condition in which he is effectively unable to ride a motorcycle again.

The attorney pointed to this circumstance to emphasize that the client poses no risk of reoffending.

Daegu Drunk Driving Attorney: “The Victim Forgave the Client”

After the incident, the client sincerely sought the victim's forgiveness.

He also paid a settlement amount to provide at least some monetary compensation for the harm, and after receiving it, the victim forgave the client and expressed that he did not wish for the client to be punished.

The attorney requested leniency for the client, taking into account this forgiveness by the victim.

4. The Judgment Achieved by the Daegu Drunk Driving Attorney

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After hearing the attorney's arguments, the court issued the following judgment.

The defendant is sentenced to one year and two months of imprisonment.

However, the execution of the above sentence is suspended for two years from the date this judgment becomes final.

The client had not only committed the offense of drunk driving but also the offense of dangerous driving causing injury by injuring a person while intoxicated, so a very severe punishment was anticipated.

However, with the attorney's assistance, it was possible to defend against criminal punishment and conclude the case with a suspended sentence.

If you find yourself in a situation similar to that of the client in this case and need the assistance of a 🔗Daegu Attorney, please request a consultation at any time.

대구음주운전변호사 | 음주 후 오토바이 몰다가 사고 낸 의뢰인 형사 처벌 방어 성공

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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