Ulsan Law Office Assistance Case | Client Charged With Drunk Driving Causing Injury, Suspended Sentence

The client attended a family gathering held at a pension after work.

The client's relatives urged him to drink.

Finding it hard to refuse after being urged repeatedly, the client ended up drinking.

He then felt tired and called a designated driver to go home.

As it was the middle of the night and the client was intoxicated, he could not make out the designated driver's number and drove his own car.

While driving, the client collided with another vehicle when changing lanes.

Charged with causing injury and drunk driving, the client requested the assistance of the Ulsan law office to defend against the punishment.

The Ulsan law office explained injury under the 🔗Act on Special Cases concerning the Settlement of Traffic Accidents and 🔗drunk driving.

※ Act on Special Cases concerning the Settlement of Traffic Accidents Article 3 (Special Cases concerning Punishment)

①If a driver of a vehicle commits an offense under Article 268 of the "Criminal Act" through a traffic accident, the driver shall be punished by imprisonment without labor for up to 5 years or a fine of up to 20 million won.

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

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

▶ Article 148-2 (Penal Provisions)

③ A person who drives a motor vehicle or tram while intoxicated in violation of Article 44(1) shall be punished as follows.

1. A person with a blood alcohol concentration of 0.2 percent or higher shall be punished by imprisonment for 2 to 5 years or a fine of 10 million to 20 million won

2. A person with a blood alcohol concentration of 0.08 percent or higher but less than 0.2 percent shall be punished by imprisonment for 1 to 2 years or a fine of 5 million to 10 million won

3. A person with a blood alcohol concentration of 0.03 percent or higher but less than 0.08 percent shall be punished by imprisonment for up to 1 year or a fine of up to 5 million won

Depending on the blood alcohol concentration set out in the Road Traffic Act, a person may be punished by up to 2 to 5 years of imprisonment or a fine of 10 million to 20 million won.

*To review the details, please obtain a 🔗legal consultation with an attorney.

Since the incident occurred, the client has consistently shown remorse for his wrongdoing.

The Ulsan attorney argued that the client recognized his wrongdoing and was remorseful.

The Ulsan attorney emphasized that the client apologized to the victim and made efforts toward the victim's recovery.

In response, the victim expressed the view that he did not want the client to be punished.

The client recognized his problem and expressed his intention not to drink.

The Ulsan attorney argued that the client received alcohol treatment education and counseling and pledged to live an earnest life.

The client was able to receive a suspended sentence in the case of causing injury and drunk driving, with the assistance of the Ulsan attorney.

At Daeryun, our attorneys assist clients.

If you are in a situation like the one above, please feel free to request the assistance of an 🔗Ulsan attorney at any time.