Incheon Attorney | Successfully Defending a Client Against Imprisonment in a Case of Dangerous Driving Causing Injury and Drunk Driving

The Incheon attorney's client was driving home in an intoxicated state.

Because he was intoxicated and could not operate the vehicle's brakes accurately, he struck a victim who was waiting for the signal at a crosswalk.

As a result, the client committed the offenses of dangerous driving causing injury and drunk driving.

Act on Aggravated Punishment of Specific Crimes Article 5-11 (Dangerous Driving Causing Death or Injury)

(1) A person who drives a motor vehicle, etc. in a state in which normal driving is difficult due to the influence of alcohol or drugs, thereby causing bodily injury to another person, shall be punished by imprisonment for not less than 1 year and not more than 15 years, or by a fine of not less than 10 million won and not more than 30 million won; and a person who thereby causes death shall be punished by imprisonment for life or for not less than 3 years.

Under the Act on Aggravated Punishment of Specific Crimes, a person who causes bodily injury to another person after drunk driving shall be punished by imprisonment for not less than 1 year and not more than 15 years, or a fine of not less than 10 million won and not more than 30 million won.

Road Traffic Act Article 44 (🔗Prohibition of Driving While Intoxicated)

(1) No person shall drive a motor vehicle, etc., a tram, or a bicycle while intoxicated.

Article 148-2 (Penal Provisions)

(3) Article 44 (1) A person who, in violation of Article 44 (1), drives a motor vehicle, etc. or a tram while intoxicated shall be punished according to the following classifications.

1. A person with a blood alcohol concentration of 0.2 percent or higher: imprisonment for not less than 2 years and not more than 5 years, or a fine of not less than 10 million won and not more than 20 million won

2. A person with a blood alcohol concentration of 0.08 percent or higher but less than 0.2 percent: imprisonment for not less than 1 year and not more than 2 years, or a fine of not less than 5 million won and not more than 10 million won

3. A person with a blood alcohol concentration of 0.03 percent or higher but less than 0.08 percent: imprisonment for not more than 1 year, or a fine of not more than 5 million won

Depending on the blood alcohol concentration prescribed under the Road Traffic Act, a person may be punished by up to imprisonment for not less than 2 years and not more than 5 years, or a fine of not less than 10 million won and not more than 20 million won.

The Incheon attorney's client fully acknowledged his wrongdoing and cooperated diligently in the investigation process.

He is sincerely reflecting on his conduct and has resolved never to repeat the same wrongdoing.

Apart from this case, the Incheon attorney's client has no prior record of criminal punishment arising from criminal conduct.

As he is sincerely reflecting on his conduct, the likelihood of reoffending is also very low.

The Incheon attorney's client is fulfilling his economic responsibilities to raise his two young children, and does not refuse overtime work in order to serve as the head of the household.

In order to help the victim recover, the Incheon attorney's client paid the medical expenses, sincerely sought the victim's forgiveness, and reached a settlement.