Gumi Law Firm's Assistance | A Client Who Caused a Three-Car Collision While Drunk Driving Obtains a Suspended Sentence

The client caused an accident while driving after drinking.

Having drunk excessively, the client drove his own car as he was.

While driving, he struck the rear bumper of the victim's vehicle, which was waiting at a signal in the direction of travel.

As a result, that vehicle was pushed forward and a chain collision occurred, leading to a three-car collision.

In the end, the victims sustained injuries and filed a complaint against the client.

Facing charges of drunk driving and dangerous driving causing injury, the client sought the assistance of the Gumi law firm.

The Gumi law firm explained the levels of 🔗drunk-driving punishment and dangerous driving causing injury.

▶Drunk driving

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

1. A person with a blood alcohol concentration of 0.2 percent or higher: 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 and below 0.2 percent: 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 and below 0.08 percent: imprisonment for not more than 1 year or a fine of not more than 5 million won

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

(1) A person who, in a state in which normal driving is difficult due to the influence of alcohol or drugs, drives a motor vehicle, etc., and injures another person shall be punished by imprisonment for 1 to 15 years or a fine of 10 million to 30 million won, and a person who causes the death of another shall be punished by life imprisonment or imprisonment for at least 3 years.

*For a detailed review, please seek a 🔗legal consultation with an attorney.

The Gumi law firm explained the criteria for establishing dangerous driving causing injury.

※ Criteria for Establishing Dangerous Driving Causing Injury

1. The influence of alcohol or drugs

2. A state in which normal driving is difficult

3. Injuring a person by driving

※ Sentencing Factors for Dangerous Driving Causing Injury

1. If the victim is also at fault

2. The victim's wish not to punish

3. Substantial recovery of the harm (including deposit with an official depository)

4. Harm caused while attempting a settlement

5. The occurrence of minor injury, among others

From the time of the investigation, the client acknowledged all of his wrongdoing and stated that he would make efforts toward the victims' recovery.

The Gumi law firm emphasized that the client conveyed a direct apology to the victims and showed remorse for the offense.

The client suffered permanent disability due to nerve damage caused by the accident.

The Gumi law firm argued that the client also faced a significant financial burden.

The client paid medical expenses and insurance proceeds to the victims.

The Gumi law firm argued that the victims had reached a civil settlement with the client.

The Gumi law firm assisted the client in obtaining a suspended sentence.

The Gumi attorney collaborates with attorneys across all regions to develop client-tailored solutions through in-person meetings and real-time video conferences.

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