CONTENTS
- 1. Busan Attorney | Background of the Case
- - The Situation at the Time
- - The Dispute With the Other Party
- - The Client Who Voluntarily Reported to the Police
- 2. Busan Attorney | Case Analysis
- - Key Issues
- - Recently Amended Drunk Driving Legislation
- 3. Busan Attorney | Argument Details
- 4. Busan Attorney | Suspended Sentence Despite Two Prior Drunk Driving Offenses
1. Busan Attorney | Background of the Case
The client, who already had two prior drunk driving offenses, drove under the influence again, but he turned himself in directly because he suspected the other party of committing insurance fraud.
However, because the case involved both drunk driving and a traffic accident concurrently, he requested thorough assistance so that he could avoid a custodial sentence.
The Situation at the Time
On the day of the incident, the client drove approximately 20 meters with a blood alcohol concentration of 0.15%.
While he was driving, the other party bumped into the vehicle's side mirror and then claimed a contact accident, demanding a settlement payment.
The other party initially demanded 3 million won and pressed for a settlement, but the client suspected insurance fraud and pushed back, which led to a dispute with the other party.
The Dispute With the Other Party
The client asserted that the other party, knowing about the drunk driving, deliberately approached and made physical contact.
The other party, on the other hand, denied this and continued to demand a settlement payment.
Concluding that there was a possibility of insurance fraud, the client reported the matter directly to the police and asserted that he had not struck the other party with his vehicle.
The Client Who Voluntarily Reported to the Police
When the police arrived, the other party changed his story, claiming that the client had denied the drunk driving and then, after recognizing the traffic accident, had tried to smooth the matter over with a settlement payment.
As a result, the client faced the risk of being booked not merely for drunk driving but for dangerous driving causing injury (under the Act on Aggravated Punishment of Specific Crimes).
The client therefore urgently sought out a Busan attorney and requested legal assistance from the early stage of the investigation.
Recognizing that the client could face a custodial sentence if the Act on Aggravated Punishment of Specific Crimes were applied, the attorney collaborated with the Drunk Driving Traffic Accident Response Group and conducted an examination of evidence to reveal the other party's falsehoods.
2. Busan Attorney | Case Analysis
After analyzing the case closely, the attorney confirmed the following key issues.
The attorney also emphasized that a more careful response was necessary in light of the recently strengthened drunk driving punishment legislation.
Key Issues
A central issue was whether the other party had intentionally bumped into the vehicle after recognizing the drunk driving. If the other party had deliberately approached, made contact, and then demanded a settlement payment, this could potentially amount to extortion.
If an actual contact accident had occurred, the application of the Act on Aggravated Punishment of Specific Crimes (dangerous driving causing injury) could increase the likelihood of a custodial sentence. However, if there was a possibility that the other party had caused the impact himself, it was likely that the matter would be charged as a simple violation of the Road Traffic Act (drunk driving).
The client had reported directly to the police and cooperated with the investigation, which was a factor that could be considered in mitigation by the court. Accordingly, the strategy was to maximize the possibility of leniency through submission of a handwritten letter of apology, disposal of the vehicle, and submission of a family petition.
Recently Amended Drunk Driving Legislation
Category | Main Provision | Content | Punishment |
New punishment for obstructing breath alcohol testing | Road Traffic Act Article 44 (5) | Punishment of the 'drinking-after-driving' method (conduct obstructing breath alcohol testing, such as additional drinking or use of medication) | Upon violation, imprisonment of 1 to 5 years or a fine of 5 million to 20 million won |
Administrative disposition on the driver's license → Same as for a person who refuses a breath alcohol test | |||
Introduction of a drunk driving prevention device
| Road Traffic Act Article 80-2 | Engine start blocked when alcohol is detected, and mandatory installation of the device | ① Two or more simple drunk driving offenses → 2 years |
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3. Busan Attorney | Argument Details
The attorney reviewed the client's mitigating factors and provided active assistance.
1. Submission of a handwritten letter of apology
Showing deep remorse for the incident, the client submitted a total of five handwritten letters of apology.
Through these, he acknowledged his wrongdoing and strongly expressed his determination to prevent reoffending.
2. Self-surrender for the offense
Suspecting the possibility of insurance fraud by the other party, the client turned himself in to the police.
This was an important factor that could serve to mitigate the punishment.
3. Disposal of the vehicle involved
After the incident, the client disposed of the vehicle to prevent any recurrence of drunk driving.
This played an important role in demonstrating to the court that there was no likelihood of reoffending.
4. No traffic accident conduct
The client consistently asserted that he had not struck the other party with his vehicle.
After the examination of evidence team analyzed the circumstances and evidence of the case, it was likely that the matter would be handled as a simple drunk driving case rather than as dangerous driving causing injury under the Act on Aggravated Punishment of Specific Crimes.
The attorney actively demonstrated the above mitigating factors to the court and did everything possible so that the client could avoid a custodial sentence and receive a suspended sentence.
4. Busan Attorney | Suspended Sentence Despite Two Prior Drunk Driving Offenses
Although the client had two prior drunk driving offenses, the attorney actively assisted so that he could receive a suspended sentence, taking into comprehensive consideration his voluntary report, submission of a letter of apology, disposal of the vehicle, and the circumstances suggesting intent on the part of the other party in this case.
In the end, the court sentenced the client to a suspended sentence of 2 years, and the client avoided a custodial sentence.
The Drunk Driving Traffic Accident Response Group of Daeryun Law Firm collaborates with the Examination of Evidence and Digital Forensics Group when an unexpected traffic accident occurs, and is responsible for the reliable collection and analysis of evidence.
It provides a one-stop legal service from the examination of evidence through to trial, including collecting CCTV footage, dashcam footage, and statements from people in the vicinity through lawful means and establishing them as evidence.
If you are being investigated after being booked on a charge of drunk driving, 🔗request a legal consultation booking and receive a consultation.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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