Busan Law Firm Case Study | Repeat Drunk Driving and Hit-and-Run Causing Injury, Client's 'Suspended Sentence' Defense

The client who came to the Busan law firm had a prior record of drunk driving and yet drove under the influence again and became involved in a hit-and-run causing injury, facing a severe sentence.

The client requested a consultation at the Busan office in order to reduce the sentence as much as possible.

■ Aggravated Punishment of a Fleeing Vehicle Driver

Act on Aggravated Punishment of Specific Crimes Article 5-3 (Aggravated Punishment of a Fleeing Vehicle Driver)

① Road Traffic Act Article 2 motor vehicles, motorized bicycles, or construction machinery other than the construction machinery under the proviso of Construction Machinery Management Act Article 26 (1) (hereinafter referred to as “motor vehicles, etc.”): where the driver of the relevant motor vehicle, etc. (hereinafter referred to as the “accident driver”) who has committed the offense under Criminal Act Article 268 through the operation of motor vehicles, etc. flees without taking the measures under Road Traffic Act Article 54 (1), such as rescuing the victim, the driver shall be subject to aggravated punishment in accordance with the following classifications.

- If the driver causes the victim's death and flees, or where the victim dies after the driver flees, the driver shall be punished by imprisonment for life or for a definite term of at least five years.

- If the driver causes injury to the victim, the driver shall be punished by imprisonment for a definite term of at least one year or by a fine of at least 5 million won and not more than 30 million won.

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

① If a person is killed or injured or property is damaged (hereinafter referred to as a “traffic accident”) due to the operation of a vehicle or tram, etc., the driver of that vehicle or tram or other crew member (hereinafter referred to as the “driver, etc.”) shall immediately stop and take the following measures.

- Necessary measures such as rescuing the casualties

- Providing the victim with personal information (meaning name, telephone number, address, etc.)

■ Drunk Driving

Road Traffic Act Article 44 (Prohibition of Driving While Intoxicated)
① No person shall drive a motor vehicle, etc., tram, or bicycle while intoxicated.

Road Traffic Act Article 148-2 (Penalty Provisions)
③ A person who, in violation of Article 44 (1), drives a motor vehicle, etc. or a tram while intoxicated shall be punished in accordance with the following classifications.
1. A person with a blood alcohol concentration of 0.2 percent or higher: imprisonment for at least two years and not more than five years or a fine of at least 10 million won and not more than 20 million won
2. A person with a blood alcohol concentration of at least 0.08 percent and less than 0.2 percent: imprisonment for at least one year and not more than two years or a fine of at least 5 million won and not more than 10 million won
3. A person with a blood alcohol concentration of at least 0.03 percent and less than 0.08 percent: imprisonment for not more than one year or a fine of not more than 5 million won

The Busan law firm developed a careful strategy to obtain a suspended sentence.

The Busan law firm made the following arguments.

The court accepted the Busan law firm's arguments and imposed a ‘suspended sentence’.