CONTENTS
- 1. The Client
- 2. The Charges Against the Client
- 3. The Defense the Tongyeong Drunk Driving Attorney Mounted
- - Tongyeong Drunk Driving Attorney, “The Client Shows Remorse for This Offense”
- - Tongyeong Drunk Driving Attorney, “The Client Made Efforts to Repair the Victim’s Harm”
- 4. The Judgment the Tongyeong Drunk Driving Attorney Led To
1. The Client
This is the account of a client.
The client explained that, having committed a hit-and-run after drunk driving, they faced the risk of serious punishment. The details of the client’s case, as the attorney found them, were as follows.
The client explained that, on the day of the incident, they met some friends for lunch, and being glad to see friends after a long time, drank one bottle of makgeolli each.
After leaving the restaurant, the client slept for about an hour in their own vehicle parked in front of the restaurant, and after waking up, took the wheel to head home.
Perhaps because the client drove not long after drinking, the client could not drive properly and collided with the front bumper of a vehicle coming from the opposite direction.
The other vehicle was damaged in this accident, and out of fear that the fact of having driven after drinking would be discovered, the client left the scene as it was.
While heading home after leaving the scene, the client caused an accident by striking a streetlight at the side of the road, and the fact of drinking was discovered by a responding police officer, leading to this case.
2. The Charges Against the Client
The client explained that they had committed a hit-and-run after drunk driving. In this case, the charges of drunk driving under the Road Traffic Act and 🔗failure to take measures after an accident apply.
If these charges were established, the client faced the risk of the following punishment.
▷Drunk Driving
Road Traffic Act, Article 148-2 (Penal Provisions) (3) 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 more shall be punished by imprisonment for not less than two years and not more than five years or by 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 more but less than 0.2 percent shall be punished by imprisonment for not less than one year and not more than two 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 more but less than 0.08 percent shall be punished by imprisonment for not more than one year or a fine not exceeding 5 million won.
▷Failure to Take Measures After an Accident
1. Measures necessary to aid the casualties
2. Provision of personal information to the victim (meaning name, telephone number, address, and the like)
Road Traffic Act, Article 148 (Penal Provisions) A person who fails to take the measures at the time of a traffic accident under Article 54 (1) shall be punished by imprisonment for not more than five years or a fine not exceeding 15 million won.
3. The Defense the Tongyeong Drunk Driving Attorney Mounted
The attorney mounted the following defense for the client.
Tongyeong Drunk Driving Attorney, “The Client Shows Remorse for This Offense”
The attorney emphasized that the client showed remorse, sincerely and in full, for this offense.
The client showed remorse for the fact of having driven while intoxicated and also sincerely expressed apologies to the victim whose vehicle was damaged in this case.
In order never again to drive drunk or to drive at all, the client went so far as to dispose of the vehicle used in this case.
Tongyeong Drunk Driving Attorney, “The Client Made Efforts to Repair the Victim’s Harm”
The attorney emphasized that the client had made efforts to repair the harm the victim suffered from this case.
Because the client was enrolled in comprehensive automobile insurance, after the accident the client helped to provide full insurance coverage for the property damage through the insurance claim.
4. The Judgment the Tongyeong Drunk Driving Attorney Led To
After hearing the attorney, the court sentenced the client to a suspended sentence.
The client was expected to face serious punishment for drunk driving and failure to take measures after an accident, but with the attorney’s assistance was able to avoid punishment.
Drunk driving is punished severely because it can endanger the lives of others, and the client caused an accident through drunk driving and then failed to take measures.
In such a case, there is a high risk that a sentence of imprisonment may be imposed, so you should seek an attorney’s assistance immediately.
If you are facing charges like the client’s, please reach out to a 🔗Tongyeong attorney to request a consultation.
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.
