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Drunk driving (DUI)
Drunk driving (DUI)Suspended sentence

[Response to Drunk Driving Accident Charges] Suspended Sentence Secured Despite a Third Offense and an Injured Victim

The client, who caused a drunk driving accident, had twice before been sentenced to fines for drunk driving. This time the accident also produced a victim, so the likelihood of an actual custodial sentence was high.

1. The Client Who Came to Us for Help With a Drunk Driving Accident

This is the background of how the client came to Daeryun's drunk driving attorney after the accident occurred. Shortly after the accident, the client sought out Daeryun, which has handled many drunk driving cases.

The Circumstances at the Time of the Drunk Driving Accident

Although the client in this case worked as a professional driver, the client already had two prior records of drunk driving.

The client had been careful all along, thinking, “If I am caught for a drunk driving accident even one more time, it is truly over,” but after drinking the client failed to exercise restraint and impulsively took the wheel.

The client judged that it would be fine because the distance was short, but this choice ultimately led to a collision with a city bus that injured several passengers, and the matter escalated into a drunk driving injury case.

The Level of Punishment for a Drunk Driving Accident

1. Where it is a first drunk driving offense or there is no record of a fine or heavier punishment within the past 10 years

Blood alcohol concentration

Penalty

0.2 percent or higher

Imprisonment of 2 to 5 years or

a fine of 10 million to 20 million won

0.08 percent or higher but below 0.2 percent

Imprisonment of 1 to 2 years or

a fine of 5 million to 10 million won

0.03 percent or higher but below 0.08 percent

Imprisonment of up to 1 year or

a fine of up to 5 million won

2. Where there is no record of a fine or heavier punishment for a drunk driving-related crime within the past 10 years

Blood alcohol concentration

Penalty

0.2 percent or higher

Imprisonment of 2 to 5 years or

a fine of 10 million to 20 million won

0.08 percent or higher but below 0.2 percent

Imprisonment of 1 to 2 years or

a fine of 5 million to 10 million won

0.03 percent or higher but below 0.08 percent

Imprisonment of up to 1 year or

a fine of up to 5 million won

3. Where a drunk driving accident causes injury to or the death of a victim

Type

Penalty

Injury to the victim

Imprisonment of 1 to 15 years or

a fine of 10 million to 30 million won

Death of the victim

Life imprisonment or imprisonment of at least 3 years

2. The Specialized Attorney's Strategy to Protect a Client Who Caused a Drunk Driving Accident

Although the client unavoidably caused a drunk driving accident, the drunk driving attorney responded immediately after the accident so that several mitigating factors could be recognized and a lower level of punishment could be set.

The Client's Sincere Remorse

Although the client repeated the same mistake, the prior record before this case dated back about 10 years, which is a long time in the past.

Even though the client was caught again after a long interval, the client did not argue that the punishment was unfair. Instead, the client regretted the wrongdoing and was sincerely remorseful.

The drunk driving case team organized the materials so that the client's sincere remorse could be conveyed clearly, and the team explained the necessary procedures.

The Best Efforts Made to Restore the Victims

Immediately after the drunk driving accident, the client made efforts to address the accident, and the client cooperated faithfully throughout the investigation.

By supporting the victims so that they could receive appropriate treatment, the client obtained statements that the victims did not wish for punishment and reached a settlement without incident.

The victims had relatively minor injuries and were not significantly impaired in their daily lives.

Obtaining the victims' statements that they did not wish for punishment is one of the important sentencing factors, and with the attorney's assistance a settlement was reached on reasonable terms.

The Efforts Being Made to Prevent a Repeat Drunk Driving Accident

After this case, the client looked into information for disposing of the vehicle and made efforts on many fronts so as not to repeat the same mistake.

Including this incident, this was the third time the client had been caught, yet the client pledged that, if given the chance for leniency, the client would never drive under the influence again, and the client received help from a treatment facility and from those around the client.

3. The Result of the Drunk Driving Accident Case: a Suspended Sentence

Because this was already a third instance of being caught for a drunk driving accident, simply saying “I am sorry” would not be enough to avoid the risk of an actual custodial sentence. Although there was a record of the same type of offense, by organizing the favorable sentencing factors and establishing a timely strategy to supplement the unfavorable sentencing factors, this case resulted in a suspended sentence rather than an actual custodial sentence despite the repeated type of charge.

How Should You Respond When a Drunk Driving Accident Occurs?

If you cause a drunk driving accident like the client in this case, you should not flee the scene out of panic, and you should focus on taking measures to aid the victims.

If you take no measures after a drunk driving accident, this constitutes a failure to take measures after an accident, commonly called a hit-and-run, and the level of punishment becomes even higher.

Fortunately, the client in this case focused on aiding the victims and on restoring the harm after the accident, and as the client had hoped, the court granted a suspended sentence rather than an actual custodial sentence.

[음주운전사고처벌 대응] 3회 적발에 피해자도 있었지만 집행유예 종결

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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Attorney Byung Joon KOH

Byung Joon KOH

T. 070-5221-2805

Attorney specializing in drunk driving

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