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Dangerous driving causing injury, Drunk driving

Dangerous Driving Causing Death or Injury Assistance Case | Avoiding a Custodial Sentence with a Suspended Sentence for a Client Charged with Dangerous Driving Causing Injury

The client, who was involved in the crime of dangerous driving causing death or injury, was in a situation where an actual custodial sentence was feared due to a violation of the Act on Aggravated Punishment of Specific Crimes. The client came to a traffic accident attorney and requested assistance related to dangerous driving.

CONTENTS
  • 1. The Client Involved in Dangerous Driving Causing Death or Injury
    • - The Circumstances of Coming Under a Charge of Dangerous Driving Causing Injury
  • 2. What Is Dangerous Driving Causing Death or Injury?
    • - Penalties
    • - Practical Issues
  • 3. Assistance Strategy for Dangerous Driving Causing Death or Injury: Avoiding a Custodial Sentence
    • - The Traffic Accident Attorney's Strategy ① Acknowledging the Charge of Dangerous Driving Causing Injury and Emphasizing a Remorseful Attitude
    • - The Traffic Accident Attorney's Strategy ② Actively Pursuing a Settlement with the Victim
  • 4. Successfully Avoiding a Custodial Sentence for Dangerous Driving Causing Death or Injury, Concluding the Case with a Suspended Sentence
    • - If You Are Under a Charge of Dangerous Driving Causing Death or Injury?

1. The Client Involved in Dangerous Driving Causing Death or Injury

Establishing a response strategy for dangerous driving causing death or injury charges



This is a case in which a client who was involved in the crime of dangerous driving causing death or injury and faced the risk of punishment for a violation of the Act on Aggravated Punishment of Specific Crimes avoided an actual custodial sentence in the dangerous driving causing injury case with the assistance of a traffic accident attorney.

The Circumstances of Coming Under a Charge of Dangerous Driving Causing Injury

The case began when the client, judging on the morning after drinking that the hangover had cleared, drove the vehicle as usual.

While driving straight, the client caused an accident by colliding with a vehicle that was attempting to turn left.

As a result of this accident, the other vehicle suffered damage severe enough to require scrapping, and the injured driver also sustained injuries requiring hospitalization.

In addition, the blood alcohol concentration measurement conducted by the police who responded immediately after the accident confirmed a high reading exceeding 0.2%.

Ultimately, the client was booked on charges of dangerous driving causing injury and drunk driving.

Gripped by fear of an actual sentence, the client felt the need for professional assistance and requested a consultation with a traffic accident attorney.

2. What Is Dangerous Driving Causing Death or Injury?

Requirements for establishing the crime of dangerous driving causing death or injury and the level of punishment



The crime of dangerous driving causing death or injury is a crime that is established when a person drives a vehicle while under the influence of alcohol or drugs and causes injury to or the death of a person.

The point that the driver was in 'a state in which normal driving was difficult' is included among the requirements of proof, and it is punished severely.

Requirements for Establishing the Crime of Dangerous Driving Causing Death or Injury


▷ The driver's state
: A state in which normal driving was difficult due to alcohol or drugs

▷ The result of the accident
: Causing the death of or injury to a person

▷ Causation
: There must be a causal relationship between the driver's dangerous driving and the result of the accident


Where all three of these requirements are satisfied, punishment is imposed under the "Act on Aggravated Punishment of Specific Crimes."

Penalties

It is provided in Article 5-11 of the Act on Aggravated Punishment of Specific Crimes, and the following punishments apply.

Accident result

Level of punishment

Injury

Imprisonment for 1 to 15 years, or a fine of 10 million won to 30 million won

Death

Life imprisonment or imprisonment for 3 years or more

Practical Issues

In the crime of dangerous driving causing death or injury, the key is whether the state went beyond mere intoxication to a "state in which normal driving was difficult."

For example, if the blood alcohol concentration was high and there were circumstances indicating a loss of vehicle control at the time of the accident, the charge may well be recognized.

In this case, the client was in a state exceeding a blood alcohol concentration of 0.2%, so the charge itself could well be recognized.

Accordingly, the attorney prepared a strategy of admitting all the charges while actively submitting sentencing materials that could prove an attitude of remorse, efforts toward recovery of harm, and the like, in order to lower the level of punishment.

3. Assistance Strategy for Dangerous Driving Causing Death or Injury: Avoiding a Custodial Sentence

The traffic accident attorney determined, in light of the following matters, that this was a matter with a high likelihood of an actual custodial sentence.

▷ The client's blood alcohol concentration exceeding 0.2%

▷ The occurrence of serious harm caused by the accident

▷ Application of the Act on Aggravated Punishment of Specific Crimes

Accordingly, the attorney focused on defending against an actual custodial sentence on the dangerous driving causing injury charge through the following strategic assistance.

The Traffic Accident Attorney's Strategy ① Acknowledging the Charge of Dangerous Driving Causing Injury and Emphasizing a Remorseful Attitude

The traffic accident attorney faithfully demonstrated to the investigative agency and the court that the client had honestly acknowledged the circumstances of the accident from the early investigation stage and had shown a sincere attitude of remorse.

In addition, citing the fact that the client had driven after getting sufficient sleep following drinking the previous day, the attorney emphasized the circumstances that there was no intent and that it was an unavoidable error in judgment.

Through this, the attorney ensured that the client's personal circumstances and grounds for mitigating circumstances could be reflected to the fullest extent.

The Traffic Accident Attorney's Strategy ② Actively Pursuing a Settlement with the Victim

Considering that the victim's hospitalization and the extent of vehicle damage were considerable, the traffic accident attorney, together with the client, made the prompt recovery of the harm the top priority.

The attorney attempted to contact the victim's side several times, offering a sincere apology along with a practical compensation plan for medical expenses and vehicle damage.

As a result, the attorney succeeded in reaching an amicable settlement with the victim and was also able to secure the victim's statement of no wish for punishment and submit it to the court.

Through this, the attorney was able to highlight, as a strong sentencing factor, that the client was genuinely reflecting and was striving to fulfill social responsibility.

4. Successfully Avoiding a Custodial Sentence for Dangerous Driving Causing Death or Injury, Concluding the Case with a Suspended Sentence

Daeryun traffic accident attorney dangerous driving causing death or injury suspended sentence case



The court, which accepted the arguments made by Daeryun's traffic accident attorney for the client implicated in dangerous driving causing death or injury, imposed on the client a suspended sentence of two years.

As a result, the client was able to avoid the heavy punishment of an actual custodial sentence and to obtain another opportunity as a member of society.

If You Are Under a Charge of Dangerous Driving Causing Death or Injury?

The above was the account of a client who was charged with dangerous driving causing death or injury but, with the assistance of a traffic accident attorney, avoided an actual custodial sentence and was sentenced to a suspended sentence.

Daeryun Law Firm has many specialized attorneys with experience handling a variety of traffic accident and drunk driving cases.

When a traffic accident occurs, the firm conducts a prompt and accurate initial assessment, reviews the proportion of fault, and provides comprehensive assistance through the case, including insurance handling and the response to the criminal trial.

In addition, the firm assists with cases as a team rather than relying on a single attorney, and through continuous monitoring of the case, it supports efforts to minimize the client's loss.

If you are facing the risk of punishment for dangerous driving causing death or injury, please entrust your case through the 🔗legal consultation booking.

Watch related video content
for this case study.

  1. Case of fine sentencing for hangover driving

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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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