CONTENTS
- 1. The Client Who Sought Out the Changwon Law Firm
- - How the Client Came to Seek the Changwon Law Firm
- 2. Statutes Relevant to the Case as Explained by the Changwon Law Firm
- 3. The Changwon Law Firm's Assistance
- - Changwon Law Firm Argument ① Confession and Remorse
- - Changwon Law Firm Argument ② The Degree of Injury
- - Changwon Law Firm Argument ③ Settlement With the Victim
- 4. The Court's Decision on the Changwon Law Firm's Arguments
- - If You Need the Changwon Law Firm's Help
1. The Client Who Sought Out the Changwon Law Firm
The client sought assistance from a Changwon attorney in order to reduce the sentence for charges of traffic accident causing injury and refusal of a breathalyzer test through the firm's assistance.
How the Client Came to Seek the Changwon Law Firm
This is the account of the client who requested assistance from the Changwon law firm.
A person who drives an automobile has a duty to operate the vehicle safely in a sober state, looking carefully ahead and to the left and right.
Nevertheless, the client drove while intoxicated and without properly observing the surroundings, and collided with a vehicle in the adjacent lane that was proceeding normally.
As a result of the accident, the driver in the other vehicle sustained injuries requiring three weeks of treatment, and the passenger in the front seat sustained injuries requiring two weeks of treatment.
In addition, although the client was asked by a police officer to undergo a breathalyzer test, the client refused it three times on the ground of being frightened.
Facing charges of violation of the 🔗Act on Special Cases concerning the Settlement of Traffic Accidents and refusal of a breathalyzer test, the client sought out the Changwon law firm in order to reduce the sentence.
2. Statutes Relevant to the Case as Explained by the Changwon Law Firm
If, like the client, a person causes personal harm through a traffic accident, that person may be punished under the following provision.
Act on Special Cases concerning the Settlement of Traffic Accidents Article 3 (Special Cases concerning Punishment)
If a driver of a vehicle commits the offense under Article 268 of the Criminal Act through a traffic accident, that driver shall be punished by imprisonment without labor for not more than five years or a fine not exceeding 20 million won.
In addition, the client refused the police officer's request for a breathalyzer test three times. If the charge of refusing a breathalyzer test is established, the client may be punished under the following provision.
Road Traffic Act Article 148-2 (Penal Provisions)
A person for whom there are reasonable grounds to believe to be in a state of intoxication and who does not comply with a measurement by a police officer under Article 44 (2) (limited to cases of driving an automobile, etc., or a tram) shall be punished by imprisonment for not less than one year but not more than five years, or by a fine of not less than five million won but not more than 20 million won.
3. The Changwon Law Firm's Assistance
The Changwon law firm formed a task force of three to twenty members and established a systematic strategy.
The firm earnestly appealed for leniency for the client, making the following arguments.
Changwon Law Firm Argument ① Confession and Remorse
The client acknowledged having been intoxicated at the time of the accident and is deeply remorseful for the harm caused to the victim following the accident.
Immediately after the accident occurred, the client conveyed an apology to the victim and is doing everything possible to remedy the victim's harm.
The firm emphasized that the client wrote a letter of apology together with a resolution never to commit the same wrong again.
Changwon Law Firm Argument ② The Degree of Injury
Setting aside the circumstances of the case, it is clear that the client's drunk driving was wrongful conduct.
However, the victim sustained relatively minor injuries from the accident.
The firm emphasized that, considering the victim's treatment outcome and the degree of injury, a reduction of the sentence was warranted.
Changwon Law Firm Argument ③ Settlement With the Victim
The client conveyed a sincere apology to the victim and paid a settlement amount.
After receiving the settlement amount, the victim stated an intention to focus on treatment and to take no further legal action.
The firm emphasized that the client had amicably reached a settlement with the victim and that the victim had accordingly submitted a statement of no wish for punishment.
4. The Court's Decision on the Changwon Law Firm's Arguments
Accepting the Changwon law firm's arguments, the court issued a decision that “the defendant shall be punished by imprisonment for one year and six months. However, execution of the above sentence shall be suspended for two years from the date this judgment becomes final.”
If You Need the Changwon Law Firm's Help
Because the sentence for the offense of traffic accident causing injury may vary depending on the extent of the victim's injuries and the circumstances of the accident, it is recommended to interpret the circumstances of the accident accurately.
In addition, because a charge of refusing a breathalyzer test requires an examination of the lawfulness of the measurement process, obtaining the assistance of an attorney can be helpful.
At Daeryun Law Firm, attorneys experienced in handling a variety of traffic accident 🔗case studies present solutions tailored to the client.
If you need help in a situation similar to the case above, please entrust your case through a traffic accident attorney 🔗legal consultation booking.
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.
