Assistance from a Gangnam Law Office | Gangnam Law Office Defends Against Punishment with a Suspended Sentence in a Retaliatory Driving Special Bodily Injury Case

The client who came to the Gangnam law office is a driver who operates a freight truck.

While driving along his lane, the client was not given way by the victim’s passenger car, which was attempting to merge at a merging section.

Angered by this, the client overtook the victim’s passenger car and braked abruptly in front of it, causing the victim’s passenger car to collide with the rear of the client’s freight truck.

The victim, who suffered bodily injury due to the client’s retaliatory driving, filed a criminal complaint against the client. Charged with special (aggravated) bodily injury and the crime of special destruction of property, the client requested assistance from the 🔗Gangnam law office.

The Gangnam attorney at the Gangnam law office explained that the client’s driving constituted 🔗retaliatory driving, and that, because the client used a dangerous object, namely the freight truck, to inflict bodily injury on the victim while at the same time damaging property by causing the victim to incur repair costs for the passenger car, the client could be punished for special (aggravated) bodily injury and special destruction of property.

What is retaliatory driving?

It is driving that deliberately poses a threat and creates danger in order to retaliate against another party who has caused harm to the driver while driving.

■ Special (Aggravated) Bodily Injury (Article 258-2)

(1) A person who commits the crime under Article 257(1) or (2) by displaying the collective force of a group or multitude or by carrying a dangerous object shall be punished by imprisonment for not less than 1 year and not more than 10 years.

(2) A person who commits the crime under Article 258 by displaying the collective force of a group or multitude or by carrying a dangerous object shall be punished by imprisonment for not less than 2 years and not more than 20 years.

(3) An attempt to commit the crime under paragraph (1) shall be punished.

■ Special Destruction (Article 369)

(1) A person who commits the crime under Article 366 by displaying the collective force of a group or multitude or by carrying a dangerous object shall be punished by imprisonment for up to 5 years or by a fine of up to 10 million won.

(2) A person who commits the crime under Article 367 by the method under paragraph (1) shall be punished by imprisonment for a definite term of not less than 1 year or by a fine of up to 20 million won.

The client regrets the choice he made and is spending time in self-reflection.

The Gangnam law office argued that, because the client is sincerely repenting of his wrongdoing, leniency was warranted.

The Gangnam law office argued that the client has no prior record of any offense of the same kind and is resolved not to commit any unlawful act in the future.

Out of a sincere wish to apologize to the victim, the client sought to provide monetary compensation for the personal and property damage that the victim had sustained.

The Gangnam law office submitted that the client had met with the victim, paid the agreed amount, and reached a settlement.

The client who visited the Gangnam law office was able to avoid a custodial sentence and receive a suspended sentence in the proceedings for special bodily injury and special destruction of property.

At Daeryun LLC, attorneys provide 🔗legal consultation on weekday evenings, weekends, and public holidays.

If you are facing a situation such as the one described above, you are welcome to request the assistance of the Daeryun LLC Gangnam law office.