Gangneung Attorney Referral | Assisting a Client in a Drunk Driving Injury Case to Conclude With a Fine

The offense of drunk driving causing injury is committed when a person drives a vehicle while intoxicated and inflicts bodily injury on another.

Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (injury) refers to an offense in which a traffic accident causes serious bodily injury.

Under Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, it is punishable by imprisonment without labor for up to five years or a fine of up to 20 million won.

According to the Korea Road Traffic Authority, over the past five years (2019 to 2023), approximately 75,000 drunk driving accidents occurred nationwide, resulting in 1,161 deaths.

Among the main types of drunk driving accidents, rear-end collisions accounted for 47% of the total.

These figures show that drunk driving remains a serious social problem, and the punishment for drunk driving is being continually strengthened.

Under recently amended law, a second instance of drunk driving may lead to permanent revocation of the license, and a habitual drunk driver may be punished by imprisonment for up to five years.

We will explain the level of 🔗punishment for drunk driving.

Road Traffic Act Article 44 (Prohibition of Driving While Intoxicated)
No person shall drive a motor vehicle, a tram, or a bicycle while intoxicated.
The standard for the intoxicated state in which driving is prohibited under paragraph (1) is a blood alcohol concentration of 0.03 percent or higher.

Criminal Act Article 268 (Death or Injury by Occupational or Gross Negligence)

A person who causes the death of or injury to another through occupational or gross negligence shall be punished by imprisonment without labor for up to five years or a fine of up to 20 million won.

∙A precedent on the relationship between drunk driving and the offense of hit-and-run causing injury (2018 Go-dan 8786)

This was a case in which a victim was injured in a traffic accident during drunk driving, but the defendant fled without taking rescue measures.

The trial proceeded with the drunk driving (violation of the Road Traffic Act) and the offense of hit-and-run causing injury (violation of the Act on Aggravated Punishment of Specific Crimes) joined together.

The court determined that drunk driving and the offense of hit-and-run causing injury are independent offenses, each with its own elements.

Even though the defendant's conduct arose from a single accident, drunk driving and the offense of hit-and-run causing injury were regarded as conduct that violates different legal interests, so the two offenses were handled jointly.

The defendant was convicted of drunk driving and the offense of hit-and-run causing injury, and the court imposed a sentence of imprisonment, taking into account the gravity of the harm caused by the defendant, the abandonment of the duty to rescue, and the fact that the defendant drove while intoxicated.

This is a precedent showing that drunk driving and the offense of hit-and-run causing injury are each established as independent offenses and may act as mutually aggravating factors.

The attorney argued that the client was a first-time offender.

The client had been an exemplary driver who had not caused a single traffic accident in over 20 years of driving.

Taking these circumstances into account, the attorney argued that it would be unfair for the client to receive excessive punishment for a momentary mistake, and requested leniency.

The attorney requested leniency, emphasizing that the client was sincerely remorseful.

The client currently shows remorse for this offense and has written a pledge to never drive under the influence again.

The attorney argued that the client had reached a settlement with the victim and that the victim did not wish for the client to be punished.

In addition, the client's family is also pleading for leniency toward the client.