CONTENTS
- 1. The Client Who Received a Gangneung Attorney Referral
- 2. Assistance for the Client Who Received a Gangneung Attorney Referral
- - Gangneung Attorney Referral Strategy 1. Arguing That the Client Was a First-Time Offender
- - Gangneung Attorney Referral Strategy 2, Emphasizing That the Client Was Sincerely Remorseful
- - Gangneung Attorney Referral Strategy 3. Arguing That a Settlement Had Been Reached With the Victim
- 3. The Client Who Received a Gangneung Attorney Referral Concludes the Case With a Fine
1. The Client Who Received a Gangneung Attorney Referral
This is the account of the client who received a Gangneung attorney referral.
The client ended up taking the wheel while intoxicated, and went on to cause a traffic accident that inflicted injury on two victims.
The client wished only to avoid a custodial sentence, and requested assistance from the attorney.
Drunk Driving Injury, Explained by a Gangneung Attorney
The offense of drunk driving causing injury is committed when a person drives a vehicle while intoxicated and inflicts bodily injury on another.
Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (injury) refers to an offense in which a traffic accident causes serious bodily injury.
Under Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, it is punishable by imprisonment without labor for up to five years or a fine of up to 20 million won.
According to the Korea Road Traffic Authority, over the past five years (2019 to 2023), approximately 75,000 drunk driving accidents occurred nationwide, resulting in 1,161 deaths.
Among the main types of drunk driving accidents, rear-end collisions accounted for 47% of the total.
These figures show that drunk driving remains a serious social problem, and the punishment for drunk driving is being continually strengthened.
Under recently amended law, a second instance of drunk driving may lead to permanent revocation of the license, and a habitual drunk driver may be punished by imprisonment for up to five years.
The Level of Punishment for Drunk Driving
We will explain the level of 🔗punishment for drunk driving.
Road Traffic Act Article 44 (Prohibition of Driving While Intoxicated)
No person shall drive a motor vehicle, a tram, or a bicycle while intoxicated.
The standard for the intoxicated state in which driving is prohibited under paragraph (1) is a blood alcohol concentration of 0.03 percent or higher.
Criminal Act Article 268 (Death or Injury by Occupational or Gross Negligence)
A person who causes the death of or injury to another through occupational or gross negligence shall be punished by imprisonment without labor for up to five years or a fine of up to 20 million won.
A Precedent Relating to Drunk Driving Injury
∙A precedent on the relationship between drunk driving and the offense of hit-and-run causing injury (2018 Go-dan 8786)
This was a case in which a victim was injured in a traffic accident during drunk driving, but the defendant fled without taking rescue measures.
The trial proceeded with the drunk driving (violation of the Road Traffic Act) and the offense of hit-and-run causing injury (violation of the Act on Aggravated Punishment of Specific Crimes) joined together.
The court determined that drunk driving and the offense of hit-and-run causing injury are independent offenses, each with its own elements.
Even though the defendant's conduct arose from a single accident, drunk driving and the offense of hit-and-run causing injury were regarded as conduct that violates different legal interests, so the two offenses were handled jointly.
The defendant was convicted of drunk driving and the offense of hit-and-run causing injury, and the court imposed a sentence of imprisonment, taking into account the gravity of the harm caused by the defendant, the abandonment of the duty to rescue, and the fact that the defendant drove while intoxicated.
This is a precedent showing that drunk driving and the offense of hit-and-run causing injury are each established as independent offenses and may act as mutually aggravating factors.
2. Assistance for the Client Who Received a Gangneung Attorney Referral
We set out to assist the client who received a Gangneung attorney referral.
Gangneung Attorney Referral Strategy 1. Arguing That the Client Was a First-Time Offender
The attorney argued that the client was a first-time offender.
The client had been an exemplary driver who had not caused a single traffic accident in over 20 years of driving.
Taking these circumstances into account, the attorney argued that it would be unfair for the client to receive excessive punishment for a momentary mistake, and requested leniency.
Gangneung Attorney Referral Strategy 2, Emphasizing That the Client Was Sincerely Remorseful
The attorney requested leniency, emphasizing that the client was sincerely remorseful.
The client currently shows remorse for this offense and has written a pledge to never drive under the influence again.
Gangneung Attorney Referral Strategy 3. Arguing That a Settlement Had Been Reached With the Victim
The attorney argued that the client had reached a settlement with the victim and that the victim did not wish for the client to be punished.
In addition, the client's family is also pleading for leniency toward the client.
3. The Client Who Received a Gangneung Attorney Referral Concludes the Case With a Fine
The client who received a Gangneung attorney referral received a fine and succeeded in defending against a custodial sentence.
The client explained, “I was very afraid that I would receive a custodial sentence because the victim suffered a serious injury from the drunk driving. Thanks to the attorney, I was able to avoid a custodial sentence.”
If a traffic accident occurs due to drunk driving in a situation like the one above, it is recommended to respond immediately with the help of an attorney.
As noted above, drunk driving traffic accidents continue to increase, and the courts are imposing more severe punishment.
Clients can check in advance the predicted results relating to their own case through Daeryun Law Firm's 🔗Daeryun Legal AI program.
If you are seeking a 🔗attorney referral within the city of Gangneung in a situation like the one above, you may visit the Daeryun Law Firm 🔗Gangneung attorney office.
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.
