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Deals & Cases

Drunk Driving (DUI), Causing Injury

Chuncheon Traffic Accident Attorney | Defending a Client in a Drunk Driving Injury Case and Successfully Avoiding a Custodial Sentence

The Chuncheon traffic accident attorney defended a client who came facing the risk of punishment for causing injury through drunk driving. This is a case in which the defense by the Chuncheon traffic accident attorney successfully avoided a custodial sentence.

CONTENTS
  • 1. The Client Who Consulted the Chuncheon Traffic Accident Attorney
  • 2. The Charges Against the Chuncheon Traffic Accident Attorney's Client
    • - Drunk Driving, as Explained by the Chuncheon Traffic Accident Attorney
    • - Causing Injury, as Explained by the Chuncheon Traffic Accident Attorney
  • 3. The Defense Undertaken by the Chuncheon Traffic Accident Attorney
  • 4. The Client's Judgment Led by the Chuncheon Traffic Accident Attorney

1. The Client Who Consulted the Chuncheon Traffic Accident Attorney

This is the account of a client who consulted the Chuncheon traffic accident attorney.

On the day of the incident, the client had been drinking with coworkers. The client explained that, because no designated driver could be assigned even after calling for one, they had no choice but to take the wheel.

The client explained that, while driving home, through the negligence of failing to keep a proper lookout ahead, they collided with the rear bumper of the vehicle stopped ahead, which was waiting at a traffic signal.

As a result, the driver of the damaged vehicle sustained an injury requiring about two weeks of treatment.

The client explained that, due to this incident, they faced the risk of punishment on charges of drunk driving and causing injury.

Beyond this, the client had already received a fine for drunk driving, and so, expressing concern about facing greater punishment as a repeat drunk driving offender, the client sought the assistance of the Chuncheon traffic accident attorney.

2. The Charges Against the Chuncheon Traffic Accident Attorney's Client

Chuncheon Traffic Accident Attorney

The client faced charges of drunk driving and causing injury. We will look at the punishment applicable to each.

Drunk Driving, as Explained by the Chuncheon Traffic Accident Attorney

Road Traffic Act Article 44 (Prohibition of Driving While Intoxicated) (1) No person shall drive a motor vehicle or the like, a tram, or a bicycle while intoxicated.

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

The client violated Article 44 of the Road Traffic Act by driving while intoxicated, and so the 🔗drunk driving punishment below was anticipated.

Road Traffic Act Article 148-2 (Penalty Provisions) (1) A person who, after being sentenced to a fine or heavier punishment for violating Article 44 (1) or (2) and after that sentence has become final, again violates paragraph (1) or (2) of the same Article within 10 years from the date the sentence became final shall be punished according to the following classification:

1. A person who violates Article 44 (2) shall be punished by imprisonment with labor for not less than 1 year but not more than 6 years, or by a fine of not less than 5 million won but not more than 30 million won.

2. Among the persons who violate Article 44 (1), a person whose blood alcohol concentration is 0.2 percent or higher shall be punished by imprisonment with labor for not less than 2 years but not more than 6 years, or by a fine of not less than 10 million won but not more than 30 million won.

3. Among the persons who violate Article 44 (1), a person whose blood alcohol concentration is 0.03 percent or higher but lower than 0.2 percent shall be punished by imprisonment with labor for not less than 1 year but not more than 5 years, or by a fine of not less than 5 million won but not more than 20 million won.

Causing Injury, as Explained by the Chuncheon Traffic Accident Attorney

The client, while engaged in the business of driving, caused an accident and inflicted injury on a person. Accordingly, the client could have faced the punishment below.

Criminal Act Article 268 (Death or Injury Caused by Occupational or Gross Negligence) A person who causes the death of or injury to another through occupational negligence or gross negligence shall be punished by imprisonment without labor for not more than 5 years, or by a fine of not more than 20 million won.

3. The Defense Undertaken by the Chuncheon Traffic Accident Attorney

The Chuncheon traffic accident attorney undertook the following defense to guard against the client's punishment.

Emphasized that the client showed remorse for this offense and prepared a written pledge to eliminate drunk driving

Emphasized that the client reached a settlement with the victim and that the victim did not wish for the client to be punished

Emphasized that the client is undergoing treatment for alcohol dependence and is making genuine efforts to prevent reoffending

Emphasized that the client's family is pleading for leniency on the client's behalf

4. The Client's Judgment Led by the Chuncheon Traffic Accident Attorney

After hearing the Chuncheon traffic accident attorney, the court sentenced the client to a suspended sentence.

Because the client had reoffended in drunk driving and had also inflicted injury on a person through a traffic accident, severe punishment was anticipated.

The Chuncheon traffic accident attorney developed a response strategy and provided assistance, which successfully guarded against the punishment.

If you face the risk of punishment on charges of causing injury through drunk driving, as in this client's case, you should respond as soon as you are charged by obtaining an 🔗attorney referral.

Through an AI judgment analysis program, Daeryun predicts the course of a client's case based on the analysis results and assists in working toward a favorable result.

If you need a consultation, please visit a nearby office to request one at any time.

춘천교통사고변호사 | 음주운전 치상 의뢰인 변호해 실형 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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