Deals & Cases
[Drunk Driving Traffic Accident Defense Case] A Client With Five Prior Drunk Driving Offenses Defended a Drunk Driving Traffic Accident With a Suspended Sentence
The client was in a difficult situation after driving while intoxicated and causing a drunk driving traffic accident. The drunk driving traffic accident caused injury to two victims.
1. The Client Who Came to Daeryun After Causing a Drunk Driving Traffic Accident
This is the background to how the client came to an attorney after causing a drunk driving traffic accident. Immediately after this incident, the client came to Daeryun Law Firm, which has extensive experience in litigation relating to drunk driving traffic accidents.
What Caused the Drunk Driving Traffic Accident?
The client in this case drove under the influence on the way home after drinking with an acquaintance.
The client had a duty to stay within the center line, but neglected this duty, crossed the center line, and collided with a vehicle approaching from the opposite direction.
As a result, the driver and passengers of the oncoming vehicle sustained injuries requiring about two weeks of treatment, including concussion, sprain, and strain.
The client therefore faced punishment for the drunk driving traffic accident.
Before this drunk driving traffic accident, the client had a record of several prior instances of drunk driving, for which the client had received fines and suspended sentences.
The client asked an attorney at Daeryun Law Firm to defend against punishment for the drunk driving traffic accident.
What Are the Legal Grounds and Level of Punishment for a Drunk Driving Traffic Accident?
For a drunk driving traffic accident, there is no separate legal basis specific to such an accident, so it is examined by dividing it into drunk driving and dangerous driving causing death or injury.
1. Where it is a repeat offense within 10 years of drunk driving
Where a person who has been sentenced to a fine or heavier penalty for drunk driving commits a repeat drunk driving offense within 10 years from the date the sentence became final (including a person whose sentence has lapsed), punishment is imposed according to the following classifications.
Refusal of a police breathalyzer test request | Imprisonment for not less than 1 year and not more than 6 years, or a fine of not less than 5 million won and not more than 30 million won |
Blood alcohol concentration of 0.2% or higher | Imprisonment for not less than 2 years and not more than 6 years, or a fine of not less than 10 million won and not more than 30 million won |
Blood alcohol concentration of 0.03% or higher but less than 0.2% | Imprisonment for not less than 1 year and not more than 5 years, or a fine of not less than 5 million won and not more than 20 million won |
2. Dangerous driving causing injury (drunk driving accident with personal injury)
Under the Act on Aggravated Punishment of Specific Crimes, this applies where a person drives a motor vehicle while it is difficult to drive normally due to the influence of alcohol or drugs.
Where a person is caused to sustain injury | Imprisonment for not less than 1 year and not more than 15 years, or a fine of not less than 10 million won and not more than 30 million won |
Where a person is caused to die | Life imprisonment or imprisonment for not less than 3 years |
2. The Attorney's Strategy for Defending Against Punishment for the Drunk Driving Traffic Accident
A victim resulted from the drunk driving traffic accident caused by the client, so punishment was unavoidable. An attorney at Daeryun Law Firm therefore took direct charge of defending against punishment for the drunk driving traffic accident.
Assistance Provided to Defend Against Punishment for the Drunk Driving Traffic Accident
The attorney team at Daeryun Law Firm emphasized that the defendant acknowledged the facts charged and was sincerely remorseful, and requested leniency in the punishment for the drunk driving traffic accident.
The team also emphasized that the defendant's family and acquaintances were pleading for leniency, stating that they would watch over the defendant so that the defendant would not take a wrong path again.
The team emphasized that all personal and property damage had been fully covered through the insurer under the comprehensive insurance the defendant had subscribed to, and requested leniency in the punishment for the drunk driving traffic accident.
3. Successful Defense in the Drunk Driving Traffic Accident, Obtaining a Suspended Sentence
The drunk driving traffic accident caused by the client resulted in three victims, which placed the client in a difficult position. In addition, the client had a record of several prior instances of drunk driving before this accident. An attorney at Daeryun Law Firm established a strategy at the right time and mounted a defense, and as a result of the litigation the client received a suspended sentence.
How Did the Court Rule on the Drunk Driving Traffic Accident?
The court accepted the position of Daeryun Law Firm and imposed a suspended sentence on the defendant for the drunk driving traffic accident.
The client had been worried about possibly receiving a heavy punishment for the drunk driving traffic accident, and was relieved to receive a suspended sentence.
The client expressed gratitude to the attorney team at Daeryun Law Firm, which gave its full effort to defend against punishment for the drunk driving traffic accident.
It Can Be Advantageous to Obtain an Attorney's Assistance in a Drunk Driving Traffic Accident
Traffic accidents occur in unexpected situations, and when one occurs, a person may be flustered, fail to take any measures, and suffer a disadvantage.
Such cases also have the characteristic that criminal and civil issues arise at the same time. For that reason, an attorney's assistance can be needed in a drunk driving traffic accident.
If you are facing difficulty in a drunk driving traffic accident situation such as the one above, you may entrust your case to Daeryun Law Firm.
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This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
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