[A Case of Assistance From a Namyangju Criminal Defense Attorney] Special Bodily Injury Client Successfully Obtains a Suspended Sentence With the Help of a Namyangju Criminal Defense Attorney

This is the story of a client who requested assistance from a Namyangju criminal defense attorney.

The client drank alcohol while having dinner with close acquaintances.

After dinner, the client drove while intoxicated.

A passerby, the victim, suspected that the client was driving under the influence and grabbed hold of the vehicle.

Out of fear of punishment for drunk driving, the client drove off as soon as the light changed.

Because the client pulled away abruptly, the citizen who was holding onto the vehicle fell and suffered serious injury, and some time later filed a complaint against the client for the crime of special bodily injury.

To defend against the criminal lawsuit for special bodily injury, the client came to a Namyangju criminal defense attorney at Daeryun Law Firm.

Let us review the laws related to special bodily injury and the suspended sentence applicable to the client, as explained by the Namyangju criminal defense attorney.

• Criminal Act Article 258-2 (Special Bodily Injury)

A person who commits the crime of bodily injury by displaying the power of a group or a multitude, or while carrying a dangerous object, shall be punished by imprisonment for not less than 1 year and not more than 10 years.

• Criminal Act Article 257(1) (Bodily Injury, Bodily Injury to a Lineal Ascendant)

A person who inflicts bodily injury on another shall be punished by imprisonment for not more than 7 years, suspension of qualifications for not more than 10 years, or a fine of not more than 10 million won.

• Criminal Act Article 62(1) (Requirements for a Suspended Sentence)

When a sentence of imprisonment, with or without labor, for not more than 3 years is to be pronounced, the execution of the sentence may be suspended for a period of not less than 1 year and not more than 5 years if there are grounds to take the circumstances into account under Article 51. However, this shall not apply to a person for whom less than 5 years have passed since the completion or exemption of the execution of a sentence of imprisonment without labor or a heavier punishment.

Feeling sorry toward the victim, the client confessed to the entire offense during the investigation, went to the victim, sincerely apologized, and sought forgiveness.

The attorney emphasized that the client was deeply reflecting on the offense and had reached a settlement with the victim.

The client was the head of a household, supporting his wife and child.

The attorney emphasized in argument that, if the client were given an actual custodial sentence in this case, his dependents would be placed in hardship.

The attorney argued that the client was a diligent person with no prior criminal record before this case.

The attorney demonstrated, through petitions submitted by the client's family and acquaintances, that the client had clear social ties.