Tongyeong Drunk Driving Attorney | Client Who Caused Personal Injury by Drunk Driving Receives a Minor Fine

This is the story of a client.

The client requested assistance in defending against an imprisonment sentence after being accused of causing personal injury by drunk driving, and the client had been indicted on the following facts charged.

The client drove a passenger car while intoxicated, with a blood alcohol concentration of 0.08%.

In such a case, the defendant, who is engaged in the business of driving a vehicle, had an occupational duty of care to drive safely and prevent accidents in advance by keeping a close watch ahead and to the left and right and by accurately operating the steering and braking systems,

Nevertheless, through the negligence of failing to operate the braking system properly while intoxicated and neglecting this duty, the client struck the rear bumper of the victim's vehicle, which happened to be traveling ahead of the defendant's vehicle, with the front bumper of the defendant's vehicle.

In the end, through the occupational negligence described above, the client caused the victim to suffer an injury requiring approximately two weeks of treatment.

On the facts charged described above, the client faced two charges through the Tongyeong drunk driving attorney: 🔗drunk driving and 🔗violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (injury).

As a result, the client was at risk of receiving the following punishment.

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.

Road Traffic Act Article 148-2 (Penalty Provisions) ③ A person who drives a motor vehicle, etc., or a tram while intoxicated in violation of Article 44 (1) shall be punished according to the following classifications.

2. A person whose blood alcohol concentration is 0.08 percent or more but less than 0.2 percent: imprisonment for not less than one year but not more than two years, or a fine of not less than 5 million won but not more than 10 million won

Act on Special Cases concerning the Settlement of Traffic Accidents Article 3 (Special Cases concerning Punishment) ① If a driver of a vehicle commits the offense under Article 268 of the 「Criminal Act」 as a result of a traffic accident, the driver shall be punished by imprisonment without labor for up to five years or a fine of up to 20 million won.

Criminal Act Article 268 (Occupational or Gross Negligence Resulting in Death or Injury) A person who causes the death or injury of another through occupational negligence or gross negligence shall be punished by imprisonment without labor for up to five years or a fine of up to 20 million won.

The Tongyeong drunk driving attorney mounted the following defense to prevent an imprisonment sentence for the client.

The court, having heard the Tongyeong drunk driving attorney, sentenced the client to a minor fine.

The client not only committed the socially dangerous crime of drunk driving but also caused personal injury as a result, so it appeared he would be severely punished,

but with the assistance of the Tongyeong drunk driving attorney, he received a minor fine and was able to conclude the case.

If, like the client in this case, you are facing the risk of an imprisonment sentence for a drunk-driving traffic offense, please seek the assistance of a Tongyeong drunk driving attorney for help in defending against punishment.