Gangneung Attorney Consultation | Helping a Client Charged With Drunk Driving Causing Injury Conclude the Matter With a Summary Order

A violation of the Act on Special Cases concerning the Settlement of Traffic Accidents refers to conduct in which a driver, having failed to exercise the duty of care while driving, causes an accident that injures a person.

Under this Act, the offense is punishable by imprisonment without labor for not more than five years or by a fine not exceeding 20 million won.

∙Relevant statutes
Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents (Special Cases concerning Punishment)
① If the driver of a vehicle commits an offense under Article 268 of the Criminal Act through a traffic accident, he or she shall be punished by imprisonment without labor for not more than five years or by a fine not exceeding 20 million won.

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

If a driver flees without taking measures to rescue the victim or refuses a breathalyzer test after an accident occurs, he or she may be subject to severe punishment.

According to statistics from the National Police Agency, in 2023 there were more than approximately 110,000 cases of driver's license revocation or suspension due to drunk driving.

If a driver causes an accident that injures a person, aggravated punishment is imposed under either the Act on Special Cases concerning the Settlement of Traffic Accidents (death or injury) or the Act on Aggravated Punishment of Specific Crimes (dangerous driving causing death or injury), whichever is selected.

On average, if the driver was heavily intoxicated, the Act on Aggravated Punishment of Specific Crimes (dangerous driving causing death or injury) applies, and otherwise the Act on Special Cases concerning the Settlement of Traffic Accidents (death or injury) applies.

Under the Act on Special Cases concerning the Settlement of Traffic Accidents (death or injury), regardless of whether the victim is injured or killed, the offense is punishable by imprisonment without labor for not more than five years or a fine not exceeding 20 million won, while under the Act on Aggravated Punishment of Specific Crimes (dangerous driving causing death or injury), a person who causes injury to a victim may be punished by imprisonment for not less than one 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 causes death may be punished by life imprisonment or imprisonment for not less than three years.

This shows that dangerous driving causing death or injury carries a heavier 🔗Drunk Driving Punishment than the Act on Special Cases concerning the Settlement of Traffic Accidents.

The attorney argued that the client had promptly compensated the victim for the harm and reached a settlement, and that he had no prior criminal record before this case.

The client admitted in full to having injured the victim through drunk driving and is deeply remorseful.

The attorney argued that the client had apologized to the victim and had fully compensated for the harm, reaching both a civil and a criminal settlement, and requested leniency.

The attorney argued that the client did not satisfy the elements of dangerous driving causing injury under the Act on Aggravated Punishment of Specific Crimes, and requested leniency.

According to precedent, for the offense of dangerous driving causing injury under the Act on Aggravated Punishment of Specific Crimes to be established, the driver must have been in ‘a state in which normal driving was actually difficult due to the influence of alcohol,’ regardless of the blood alcohol concentration.

The attorney emphasized that there were even cases in which an acquittal was rendered on a charge of violating the Act on Aggravated Punishment of Specific Crimes (dangerous driving causing injury) at higher levels of 0.184% and 0.201% than the client's case, and that, comparing the specific circumstances surrounding those precedents, the client's case amounted to a matter of simple drunk driving and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.