CONTENTS
- 1. How the Client Came to the Ilsan Criminal Defense Attorney
- - The Client the Ilsan Criminal Defense Attorney Met
- 2. Case Information Explained by the Ilsan Criminal Defense Attorney
- 3. The Ilsan Criminal Defense Attorney's Assistance to the Client
- - The Ilsan Criminal Defense Attorney's Defense, the Client's Remorse
- - The Ilsan Criminal Defense Attorney's Defense, Low Risk of Reoffending
- 4. Result of the Ilsan Criminal Defense Attorney's Assistance, “a Fine”
1. How the Client Came to the Ilsan Criminal Defense Attorney
The client was facing criminal punishment after assaulting an acquaintance who had been giving him a ride home while he was intoxicated.
Hoping to avoid an actual custodial sentence if possible, the client sought an attorney with extensive criminal case experience and visited the Ilsan office.
The Client the Ilsan Criminal Defense Attorney Met
The client explained that on the day of the incident he had drunk excessively at a gathering with friends and become heavily intoxicated.
At that point, an acquaintance who had not been drinking put the client in a car to give him a ride home.
While riding in the car, the client got into an argument with the acquaintance and, unable to control his anger, assaulted the acquaintance, who was driving.
The client was then criminally charged with assaulting a driver and came to the Ilsan criminal defense attorney in the hope of avoiding an actual custodial sentence.
2. Case Information Explained by the Ilsan Criminal Defense Attorney
Assault, the client's charge, is an offense committed when harm is caused to another person's body, and it is also one of the most commonly occurring crimes.
Care is needed because assault includes not only physical harm but also psychological assault and the indirect exercise of physical force.
🔗About Assault
In particular, as in the client's case, if a person assaults or threatens someone who is driving, the Act on Aggravated Punishment of Specific Crimes applies and the punishment becomes more severe.
If a person harms someone who is driving and causes not assault but a bodily injury that impairs physiological function, special care is needed because the lowest punishment is three years' imprisonment.
🔗About the Act on Aggravated Punishment of Specific Crimes
3. The Ilsan Criminal Defense Attorney's Assistance to the Client
The attorney comprehensively examined the circumstances at the time of the incident and the dashcam footage, gathered evidence thoroughly, and then prepared grounds that could mitigate the sentence in defending the client.
The Ilsan Criminal Defense Attorney's Defense, the Client's Remorse
Although he had been heavily intoxicated, the client was deeply troubled by the fact that he had committed such a dangerous offense, and he felt a desire to apologize to the victim.
To this end, he made efforts such as giving money to the victim to express his remorse.
The attorney emphasized that the client acknowledged the charge and was deeply remorseful.
The Ilsan Criminal Defense Attorney's Defense, Low Risk of Reoffending
The client was preparing for his marriage the following year and was working diligently at his job.
He had served at his company for nearly ten years and, until the incident, had lived as a faithful employee and member of society.
The attorney argued that the client had ordinarily been a law-abiding citizen and, because he had future plans such as marriage, that his low risk of reoffending should be considered in sentencing.
4. Result of the Ilsan Criminal Defense Attorney's Assistance, “a Fine”
Accepting the attorney's arguments, the court ruled, “The defendant shall be punished by a fine.”
If You Have Assaulted Someone Who Was Driving
This was an account of assisting a client who was at risk of an actual custodial sentence for assaulting an acquaintance who was driving, and who received a fine.
As in the client's case, if a person commits assault or bodily injury against someone who is driving, the sentence is aggravated and the likelihood of an actual custodial sentence becomes very high.
In particular, care is needed because, in the case of a taxi, the vehicle is regarded as being driven even when it has briefly stopped to let passengers on or off, so aggravated punishment likewise applies.
If you have assaulted a driver, receiving help from an attorney experienced in this area can be helpful in securing evidence thoroughly and presenting legal arguments to mitigate the sentence.
Through a 🔗attorney referral with extensive experience in criminal cases, including driving-related offenses, you can receive tailored assistance according to your case.
If you are facing a similar situation, we recommend arranging a 🔗legal 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.
