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Deals & Cases

Violation of the Road Traffic Act (drunk driving)

Drunk Driving Accident Detection Punishment Defense Case | Client Charged With Drunk Driving, Non-referral

The client, who could not avoid criminal punishment after being caught in a drunk driving accident, requested assistance from an attorney who has handled numerous drunk driving cases in order to defend against the drunk driving punishment.

CONTENTS
  • 1. The Client Who Came to Face Punishment for a Detected Drunk Driving Accident
    • - How the Client Became Involved in a Drunk Driving Accident
  • 2. Drunk Driving Accident Detection: What Is the Case-Related Information?
    • - When a Traffic Accident Occurs, What Measures Should Be Taken?
    • - What Is the Level of Punishment for Drunk Driving?
  • 3. Assistance Provided to Defend Against Punishment for a Detected Drunk Driving Accident
    • - Drunk Driving Lawyer's Pleading (1): That the Client Is a First-time Offender
    • - Drunk Driving Lawyer's Pleading (2): That the Client Surrendered
    • - Drunk Driving Lawyer's Pleading (3): Remedy of the Harm
  • 4. Drunk Driving Accident Detection: Case Result “Non-referral”
    • - If You Are Involved in a Drunk Driving Accident

1. The Client Who Came to Face Punishment for a Detected Drunk Driving Accident

Daeryun drunk driving attorney assistance case defending against punishment for a drunk driving offense

The client, who faced the risk of criminal punishment due to being caught for a drunk driving accident, was able to obtain a non-referral decision from the police through the assistance of an attorney who has handled numerous drunk driving cases.

How the Client Became Involved in a Drunk Driving Accident

The client, who was at risk of criminal punishment due to being caught for a drunk driving accident, had recently been on the way home after a company dinner.

The client tried to call a designated driver service, but because it was very late and the distance home was short, it was difficult to arrange one.

After waiting for a long time, the client ended up driving directly, and on the way home, the client collided with a parked vehicle.

The next day, the client confessed the drunk driving and the accident to the police, and having become unable to avoid criminal punishment due to being caught for a drunk driving accident, the client requested assistance from a drunk driving attorney.

2. Drunk Driving Accident Detection: What Is the Case-Related Information?

Daeryun traffic accident attorney detection of a drunk driving accident criminal punishment defense case

If a drunk driving accident has been detected, it may be difficult to avoid criminal punishment, so it is advisable to establish a defense strategy through a prompt response to the case.

When a Traffic Accident Occurs, What Measures Should Be Taken?

Under the Road Traffic Act, when a traffic accident occurs, the driver must take measures after the accident.

Road Traffic Act Article 54 (Measures upon Occurrence of an Accident)

If, while driving a vehicle, a person causes death or injury to a person or damage to property, the driver or other crew member must immediately stop the vehicle and take the following measures.

1. Necessary measures such as rescuing the casualties

2. Provide the victim with personal information (name, telephone number, address, and the like).

If, after the accident, the driver fails to take measures, the following punishment applies.

Imprisonment of up to 5 years or a fine of up to 15 million won

In addition, if a person damages a parked or stationary vehicle and fails to provide personal information to the victim, the following disposition applies.

A fine of up to 200,000 won, or detention or a minor fine

What Is the Level of Punishment for Drunk Driving?

The levels of punishment for drunk driving are as follows.

Blood alcohol concentration of 0.03% or more but less than 0.08%Imprisonment of up to 1 year or a fine of up to 5 million won
Blood alcohol concentration of 0.08% or more but less than 0.2%Imprisonment of 1 to 2 years or a fine of 5 million to 10 million won
Blood alcohol concentration of 0.2% or moreImprisonment of 2 to 5 years or a fine of 10 million to 20 million won

3. Assistance Provided to Defend Against Punishment for a Detected Drunk Driving Accident

For the client who faced criminal punishment after being caught for a drunk driving accident, the drunk driving attorney analyzed the sentencing guidelines to determine whether there were grounds for mitigation in the client's favor.

In addition, the attorney formed a task force together with attorneys who had handled numerous drunk driving cases and promptly established a strategy to defend against the client's punishment.

Drunk Driving Lawyer's Pleading (1): That the Client Is a First-time Offender

The drunk driving attorney emphasized that the client was a first-time offender who had never received any criminal punishment to date.

While identifying various mitigating factors to defend against the client's punishment, it was discovered that the client was a first-time offender with no record of criminal punishment.

On the basis of the fact that the client had no prior record of drunk driving, it was possible to appeal to the police for leniency.

Drunk Driving Lawyer's Pleading (2): That the Client Surrendered

The drunk driving attorney emphasized that the client acknowledged his own wrongdoing and turned himself in.

After learning through the consultation that the client had turned himself in, the attorney established a response plan favorable to the client based on this fact.

The attorney was able to highlight the client's voluntary surrender and remorseful attitude as factors favorable to sentencing.

Drunk Driving Lawyer's Pleading (3): Remedy of the Harm

The drunk driving attorney emphasized that the client had made efforts to resolve the matter.

Through the client's statement, the attorney established that the client had contacted the owner of the damaged vehicle immediately after the accident.

Through this, the attorney was able to argue that the client had apologized to the owner of the damaged vehicle and had also completed compensation for the damage.

4. Drunk Driving Accident Detection: Case Result “Non-referral”

As a result of assisting the client who faced punishment after being caught for a drunk driving accident, the police issued a non-referral decision finding no charge due to insufficient evidence.

The client had expected an actual custodial sentence after being caught for the drunk driving accident, but expressed gratitude, stating that the assistance of the drunk driving attorney had made it possible to avoid punishment.

If You Are Involved in a Drunk Driving Accident

This was the case of a client who faced the risk of criminal punishment after being caught for a drunk driving accident, but was able to defend against punishment with the assistance of a drunk driving attorney.

Drunk driving is one of the offenses that are severely punished, and if you are involved, it is important to promptly establish a strategy to defend against punishment with the assistance of a drunk driving attorney.

At Daeryun LLC, from the consultation stage, we promptly assess the client's case and assign the most suitable attorney to resolve the client's case quickly.

If, like the client in this case, you are facing criminal punishment after being caught for a drunk driving accident, we hope you will prepare a strategy to defend against punishment through a 🔗legal consultation appointment.

음주사고적발

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.

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