Seoul Attorney | Drunk Driving 10-Month Imprisonment, Suspended Sentence Obtained on Appeal

At around 3 a.m., the client was trying to return home after drinking with a coworker, but could not reach a designated driver service.

In the end, the client took the wheel and drove on the expressway in order to get home.

While doing so, the client collided with a vehicle ahead.

At this time, the client's blood alcohol concentration was 0.16%, a level warranting license revocation.

A family of five was riding in the vehicle the client struck, and they sustained injuries requiring about three weeks of treatment.

The client was booked on charges of dangerous driving causing death or injury based on the victims' report.

The client explained that, while preparing for trial after retaining a court-appointed defense counsel, the settlement with the victims did not go smoothly.

The victims demanded a settlement amount of about 80 million won and other terms that the client could not afford, and in the end no settlement was reached.

This fact worked unfavorably in court, and the client received a sentence of imprisonment at the first instance.

The client then urgently came to the attorney and requested assistance in order to avoid an actual custodial sentence and to reach an amicable settlement with the victims.

Under the Act on Aggravated Punishment of Specific Crimes, the offense of dangerous driving causing death or injury applies when a victim is injured or killed as a result of drunk driving or drug-impaired driving.

This Act is a punishment provision created to impose aggravated punishment for driving after drinking.

The offense of dangerous driving causing death or injury applies only when all of the following conditions are met.

2. Did the person drive in a state in which normal driving was difficult?

3. Did the person, by driving, cause injury or death to another person?

If the above three requirements are met, the offense is punishable by imprisonment for not less than 1 year and not more than 15 years, or a fine of not less than 10 million won and not more than 30 million won.

If the victim is caused to die, the offense is punishable by life imprisonment or imprisonment for not less than 3 years, so caution is needed.

The client conveyed that he had shown deep remorse from the time of the incident up to the present.

The attorney actively argued that the client had written and submitted more than 50 letters of apology, submitted petitions from family and acquaintances, and was making every effort not to reoffend.

The attorney also cited as grounds that the client had disposed of the vehicle he owned and had voluntarily completed drunk driving prevention education, among other efforts.

On behalf of the client, the attorney made efforts to reach an amicable settlement with the victims.

In particular, the attorney carried out compensation for personal and property losses, such as medical expenses and repair costs, and helped to promptly pay the insurance proceeds so that the victims could quickly return to their daily lives.

In addition, the attorney continued to attempt negotiations by demonstrating the client's willingness to show remorse in order to lower the settlement amount, and ultimately concluded the matter with a payment of about 20 million won.

In response, the victims submitted statements of no desire for punishment, asserting that they had reached an amicable settlement with the client.