CONTENTS
- 1. The Client Seeking to File a Complaint for Dangerous Driving Causing Death or Injury
- - What Suspension of Indictment Means
- 2. Explanation of the Concept of Dangerous Driving Causing Death or Injury
- - The Difference from Traffic Accidents Causing Death or Injury
- 3. Assistance Provided in Representing the Complaint for Dangerous Driving Causing Death or Injury
- - Summary of the Case
- - Submitting a Plea for Strict Punishment
- 4. Outcome of Representing the Complaint for Dangerous Driving Causing Death or Injury
1. The Client Seeking to File a Complaint for Dangerous Driving Causing Death or Injury
This is the story of a client who came to this firm asking for assistance with the criminal complaint procedure against a perpetrator of dangerous driving causing death or injury.
The client said that his mother died as a result of the perpetrator’s dangerous driving.
The client says that the perpetrator drove a vehicle while heavily intoxicated, struck the client’s mother as she was crossing a crosswalk, and then failed to take rescue measures.
The client’s mother was subsequently taken to a hospital but died of multiple organ failure caused by traumatic cerebral hemorrhage and intra-abdominal bleeding.
However, the client says that the perpetrator fled after undergoing one police interrogation and was in a state of suspended investigation, and that the investigation was recently resumed after he was caught by the police on another charge.
The client sought out a specialist attorney, asking for help so that an appropriate punishment could be imposed on the perpetrator of dangerous driving causing death or injury.
What Suspension of Indictment Means
It was stated that the dangerous driving causing death or injury case had been in a state of suspension of prosecution.
Suspension of prosecution refers to a disposition that suspends a case when the investigation cannot be concluded, such as when the whereabouts of the suspect are unknown.
In this case, when the suspect's whereabouts are found, the investigation is resumed, and where the matter is serious, an arrest warrant or detention warrant may be obtained to secure the suspect immediately upon discovery of the suspect's whereabouts, and a wanted notice may be issued.
2. Explanation of the Concept of Dangerous Driving Causing Death or Injury
Dangerous driving causing death or injury refers to the crime of operating a motor vehicle, etc. in a state in which normal driving is difficult due to the influence of alcohol or drugs, and thereby causing injury to or the death of a person.
For dangerous driving causing death or injury, the Act on Aggravated Punishment of Specific Crimes applies, and the following levels of punishment are imposed.
2. Where the victim dies : life imprisonment or imprisonment for not less than 3 years
The Difference from Traffic Accidents Causing Death or Injury
Dangerous driving causing death or injury is a crime in which an accident is caused by dangerous driving conduct such as driving under the influence of alcohol or drugs, causing injury to or the death of a person.
By contrast, traffic accident causing death or injury is a crime in which an accident is caused by negligence such as carelessness, causing injury to or the death of a person, which is where the difference lies.
Traffic accident causing death or injury is subject to the charge of 🔗occupational negligence causing death or injury and is punishable by imprisonment without labor for up to 5 years or a fine of up to 20 million won, which is a relatively lower level of punishment than dangerous driving causing death or injury.
3. Assistance Provided in Representing the Complaint for Dangerous Driving Causing Death or Injury
In order to petition for severe punishment of the offender in a dangerous driving causing death or injury case, the specialist attorney assisted in the case as follows.
Summary of the Case
The specialized attorney summarized the case of dangerous driving causing death or injury and emphasized that the perpetrator should be severely punished.
The perpetrator was driving while intoxicated and struck the client's mother with his vehicle.
The client's mother was then taken to the emergency room but ultimately died.
At the time the accident occurred, the perpetrator's blood alcohol concentration was 0.15%, a state of intoxication so severe that he was unable to write a statement.
The perpetrator took no measures after the accident, and after giving a statement to the police he fled and became uncontactable, and a wanted notice was even issued.
Two years later, he was again caught by the police while drunk driving, and only then was the investigation of this case reopened.
The attorney emphasized that, because the perpetrator in this case operated a vehicle in a state in which normal driving was difficult due to intoxication, struck the client's mother, and caused her death, the charge of dangerous driving causing death or injury should be applied.
Submitting a Plea for Strict Punishment
The attorney submitted a petition for severe punishment and a supplementary statement of the complainant's position, representing the complainant's standpoint.
The wrongdoer fled without even undergoing an investigation, and instead of taking responsibility for their conduct, such as by retaining defense counsel, sought only ways to evade responsibility.
On this ground, the attorney requested that the wrongdoer's conduct be thoroughly investigated and that severe punishment be imposed.
4. Outcome of Representing the Complaint for Dangerous Driving Causing Death or Injury
After hearing the attorney's argument, the court sentenced the perpetrator in this case to imprisonment.
The client expressed gratitude, saying that thanks to the attorney, the client was able to accept, at least a little, the mother's unjust death and to try to return to daily life.
If, like the client in this case, you have suffered harm at the hands of a criminal offender, please request representation in filing a complaint through a 🔗Legal Consultation Reservation.
Even in the case of a fatal accident, without an appropriate response, the perpetrator is often granted leniency such as a suspended sentence.
Our firm accompanies clients through all derivative legal procedures, including representation in filing a complaint seeking severe punishment of the perpetrator, as well as handling settlement with the perpetrator and civil claims for damages.
If you are in a situation that requires legal assistance, please request a consultation right now.
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.
