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Deals & Cases

Refusal of a Breathalyzer Test, Hit-and-Run Causing Injury

Drunk Driving Hit-and-Run Injury Case | Successful Reduction of Sentence for a Client Charged with Refusal of a Breathalyzer Test and Hit-and-Run Causing Injury

The client, who had been sentenced to a heavy term of imprisonment in the trial of first instance on charges of hit-and-run causing injury while driving under the influence and refusal of a breathalyzer test, entrusted the appeal to an attorney handling drunk driving cases in order to obtain the greatest possible reduction of sentence.

CONTENTS
  • 1. The Client Involved in a Drunk Driving Hit-and-Run Injury Case
    • - Trial of First Instance Judgment
  • 2. Strategy for Reduction of Sentence in the Drunk Driving Hit-and-Run Injury Case
    • - Keeping and Guiding the Remorse Journal
    • - Proceeding with the Settlement with the Victim
    • - Submission of the Parents' Petition
  • 3. Result of the Drunk Driving Hit-and-Run Injury Case: 'Successful Reduction of Sentence'
    • - FAQ for the Attorney Handling Drunk Driving Cases
  • 4. Level of Punishment in the Drunk Driving Hit-and-Run Injury Case
    • - If You Need the Assistance of an Expert

1. The Client Involved in a Drunk Driving Hit-and-Run Injury Case

The client involved in the drunk driving hit-and-run injury case had been sentenced to several years of imprisonment in the trial of first instance for refusal of a breathalyzer test and hit-and-run causing injury, but through the prompt response of the attorney handling drunk driving cases, the sentence was substantially reduced on appeal.

Trial of First Instance Judgment

At the time of the incident, the client was driving home after drinking when the vehicle collided with the arm of the victim, who was approaching from the opposite direction.

However, without clearly recognizing this at the time, the client drove home, and afterward received a request for a breath test from a police officer who had been dispatched in response to a 112 report.

The client, who had two prior convictions for drunk driving and a record of having swapped the driver, refused the breath test out of fear of punishment, and was ultimately indicted on charges of hit-and-run causing injury while driving under the influence and refusal of a breathalyzer test, receiving a sentence of several years of imprisonment in the trial of first instance.

Fearful at the thought of serving several years of imprisonment, the client, while looking into large law firms to prepare for the appeal, requested the assistance of an attorney handling drunk driving cases at Daeryun.

Content of the trial of first instance judgment in the drunk driving hit-and-run injury case

2. Strategy for Reduction of Sentence in the Drunk Driving Hit-and-Run Injury Case

Establishing the reduction of sentence strategy in the drunk driving hit-and-run injury case

The main issues in the drunk driving hit-and-run injury case were whether a settlement with the victim had been reached, the client's sincere remorse, and the will to prevent reoffending.

Factors mitigating the sentence that the court could take into account, such as keeping a remorse journal, participating in psychological counseling, and submitting a family petition, were also reviewed for the reduction of sentence on appeal.

Based on these issues, the attorney handling drunk driving cases systematically prepared a strategy to maximize the possibility of a reduction of sentence for the client on appeal.

Keeping and Guiding the Remorse Journal

The attorney handling drunk driving cases guided the client through a specific process of remorse so that the client could sincerely reflect on the wrongdoing and demonstrate the will to prevent reoffending.

Rather than stopping at the mere submission of a letter of apology, the attorney advised the client to periodically keep a remorse journal reflecting on everything from the circumstances of the incident to the state of mind at the time and the subsequent attitude toward life, and reviewed and provided detailed feedback on each entry.

Based on this sincere attitude, the attorney handling drunk driving cases specifically emphasized to the court the client's remorse and efforts to prevent reoffending.

Proceeding with the Settlement with the Victim

The attorney handling drunk driving cases determined that an amicable settlement with the victim was important in order to lower the level of criminal punishment, and personally led the settlement process.

After carefully reviewing the medical certificate and the details of the treatment costs submitted by the victim, the attorney presented an appropriate standard for calculating the settlement amount and coordinated matters so that an amicable agreement could be reached.

As a result, a statement of no desire for punishment, indicating that the victim did not wish for punishment, was secured and submitted to the court.

Submission of the Parents' Petition

The client's parents were experiencing severe mental shock and suffering due to their child's drunk driving.

Accordingly, the attorney handling drunk driving cases supported a referral to psychological counseling at a specialized institution so that the parents could view the case in an emotionally stable state and prepare a sincere petition.

In addition, the attorney carefully guided the direction of the petition so that it would contain not a mere plea for leniency but a specific commitment to preventing reoffending, and submitted it.

3. Result of the Drunk Driving Hit-and-Run Injury Case: 'Successful Reduction of Sentence'

Successful reduction of sentence as the result of the drunk driving hit-and-run injury case

The attorney handling drunk driving cases carefully guided the entire process, including keeping the remorse journal, the settlement with the victim, and the preparation of the petition, so that the client's remorse and will to prevent reoffending could be specifically demonstrated.

As a result, in this case of hit-and-run causing injury while driving under the influence and refusal of a breathalyzer test, the court imposed a lower level of imprisonment than expected and rendered a decision reducing the sentence.

Accordingly, although the matter was serious given the client's prior reoffending in drunk driving and the record of having swapped the driver, the client was able to receive a relatively low level of imprisonment owing to the attorney's strategic assistance and the submission of sincere materials of remorse.

FAQ for the Attorney Handling Drunk Driving Cases

Q. How should I respond if I am involved in a drunk driving hit-and-run injury case?

A. A drunk driving hit-and-run injury case is a serious matter in which criminal punishment and an administrative disposition such as driver's license revocation may apply at the same time.

Therefore, it is important to promptly receive the assistance of an attorney and prepare a systematic response strategy, including confirming the circumstances of the accident, settling with the victim, and preparing materials of remorse.

Q. I am involved in a case such as drunk driving hit-and-run injury, but is a reduction of sentence possible even with prior convictions for drunk driving?

A. Even with prior convictions, if the settlement with the victim, sincere remorse, and efforts to prevent reoffending are specifically demonstrated, there is a sufficient possibility of a reduction of sentence.

In addition, if materials that may be taken into account on appeal, such as keeping a remorse journal and submitting a family petition, are systematically prepared under the strategic guidance of an attorney, there is a possibility of receiving a relatively low sentence.

4. Level of Punishment in the Drunk Driving Hit-and-Run Injury Case

The client became involved in a criminal case for hit-and-run causing injury and refusal of a breathalyzer test.

For the crime of hit-and-run causing injury to be established, the following requirements must be met.

- Where another person is injured as a result of the operation of a vehicle

- Where no rescue measures are taken

- Where the person leaves the scene of the accident

If the crime of hit-and-run causing injury is established, the following punishment applies under Article 5-3 (Aggravated Punishment of the Driver of a Fleeing Vehicle) of the Act on Aggravated Punishment of Specific Crimes.

Where the victim is injured

Imprisonment for a definite term of one year or more, or a fine of not less than 5 million won and not more than 30 million won

In addition, refusal of a breathalyzer test is punished as follows under Article 148-2 of the Road Traffic Act, and is accompanied not only by criminal punishment but also by an administrative disposition such as license revocation.

Therefore, if you are involved in this type of case, it is important to respond with the prompt and strategic assistance of an attorney.

Article 148-2 of the Road Traffic Act

Imprisonment of not less than one year and not more than five years, or a fine of not less than 5 million won and not more than 20 million won

If You Need the Assistance of an Expert

In the above case, the client had a prior conviction for drunk driving and was involved in multiple cases, so a sentence of several years of imprisonment was anticipated, but owing to Daeryun's strategic response, the client was able to receive a relatively light sentence of imprisonment.

Daeryun Law Firm has many attorneys with extensive experience and know-how concerning drunk driving hit-and-run injury cases, and promptly prepares response strategies suited to the type and circumstances of the case and handles the matter.

In addition, we handle the entire settlement process with the victim on the client's behalf, and respond comprehensively to derivative matters such as license remedies and administrative litigation related to drunk driving accidents.

If you have been sentenced to imprisonment in the trial of first instance and wish to prepare an appeal, you may request assistance through 🔗Legal Consultation Reservation.

음주도주치상

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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