Mokpo Criminal Defense Attorney Defense | A Client Who Caused Injury to Three People Through Drunk Driving Was Defended to a ‘Fine’

Mokpo criminal defense attorney The client came to the Mokpo office criminal defense attorney after being booked on charges of committing drunk driving and causing injury to three victims.

Act on Special Cases concerning the Settlement of Traffic Accidents Article 3 (Special Cases concerning Punishment)

(1) Where the driver of a vehicle commits the crime under Article 268 of the Criminal Act (Death or Injury by Occupational or Gross Negligence) as a result of a traffic accident, the driver shall be punished by imprisonment without labor for not more than five years or by a fine not exceeding 20 million won.

(2) With respect to a driver who, through the operation of a vehicle, commits the crime of bodily injury by occupational negligence or the crime of bodily injury by gross negligence among the crimes under paragraph (1) and the crime under Article 151 of the Road Traffic Act, public prosecution may not be instituted against the express will of the victim. Provided, that this shall not apply where the driver of a vehicle commits the crime of bodily injury by occupational negligence or by gross negligence among the crimes under paragraph (1) and flees without taking measures under Article 54 (1) of the Road Traffic Act, such as rescuing the victim, or flees after moving the victim away from the scene of the accident and abandoning the victim, where the driver commits the same crime and fails to comply with a request for a breath alcohol test in violation of Article 44 (2) of the Road Traffic Act (excluding cases where the driver requests or consents to a blood test), or where the driver commits the same crime as a result of any act falling under any of the following subparagraphs.

Criminal Act Article 268 (Death or Injury by Occupational or Gross Negligence)

A person who causes the death of or injury to another by occupational negligence or gross negligence shall be punished by imprisonment without labor for not more than five years or by a fine not exceeding 20 million won.

The Mokpo criminal defense attorney developed a careful strategy in order to reduce the sentence in the client's case as much as possible.

The defense proceeded by asserting the following points.

■ That, after the designated driver got out of the vehicle, the client drove a distance of only about two to three kilometers, so the driving distance was not long

■ That the degree of injury caused to the three victims was not particularly serious

■ That, since obtaining his driver's license, the client had never once violated the traffic laws

■ That the client had been sincerely and deeply remorseful for his wrongdoing from the time of the investigation up to the present

The court, accepting the arguments of the Mokpo criminal defense attorney, imposed a relatively light ‘fine’.