Drunk Driving and Flight | Despite Hit-and-Run Causing Injury Being Applied Along With Drunk Driving, a Suspended Sentence Was Secured and a Custodial Sentence Avoided

A minor quarrel arose while the client was at a drinking gathering with an acquaintance.

As the acquaintance grew increasingly violent over time, the client hurriedly took the wheel to get away and ended up driving while intoxicated.

In the course of this, he collided with a vehicle and immediately got out to check on and ask after the victim, but, feeling fearful because of the victim's shouting, he left the scene.

At the time of the accident, the client's blood alcohol concentration was 0.069%, at the level for license suspension.

In addition, given that less than two years had passed since he had received a fine for drunk driving, it appeared difficult to avoid a custodial sentence.

🔗Failure to take measures after an accident refers to a case in which a person causes a traffic accident and leaves the scene without taking any follow-up measures.

How to respond when a traffic accident occurs is set out in the Road Traffic Act.

▣ Road Traffic Act Article 54 (Measures to Be Taken Upon Occurrence of an Accident)
① Where a person is injured or killed or property is damaged by traffic, including the driving of a vehicle or tram, the driver of that vehicle or tram or any other crew member shall immediately stop and take the following measures:
1. Necessary measures such as rescuing the casualties
2. Providing the victim with personal information (meaning name, telephone number, address, and the like)

If the measures required after an accident are not taken, the person may be punished by imprisonment for up to five years or a fine of up to 15 million won.

In addition to this, the client faced charges of drunk driving and driving without a license.

▣ Road Traffic Act
Article 43 (Prohibition of Driving Without a License, etc.)
No person shall drive a motor vehicle, etc., where he or she has not obtained a driver's license from the commissioner of a city or provincial police agency or where his or her driver's license has been suspended.

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

The client completed a program on preventing repeat drunk driving and a program on strengthening law-abiding awareness.

According to the counselor, the client feels deep remorse over the drunk driving and has expressed contrition.

We also emphasized that the client acknowledges he had lacked a proper sense of caution about drunk driving, is deeply repentant, and, by participating actively and earnestly in the programs, is showing a strong commitment to improving his future conduct with respect to drunk driving.

The client conveyed a sincere apology to the victim and paid a settlement sum, and in response the victim agreed to a settlement under which she did not wish for the client to be punished and withdrew the complaint.

The victim stated that she did not wish for the client to be punished and asked that leniency be shown.

The client argued that he had made active efforts to compensate for the property damage as well, by paying in full the reimbursement claimed through the insurer for the damage to the victim's vehicle.