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Drunk DrivingSuspended Sentence

Busan Attorney | Drunk Driving Self-Surrender Case Concluded With a Suspended Sentence

The client turned himself in out of anger when the other party deliberately bumped into his side mirror and then demanded an insurance payout. With two prior drunk driving offenses, he was facing the risk of a custodial sentence.

1. Busan Attorney | Background of the Case

The client, who already had two prior drunk driving offenses, drove under the influence again, but he turned himself in directly because he suspected the other party of committing insurance fraud.

However, because the case involved both drunk driving and a traffic accident concurrently, he requested thorough assistance so that he could avoid a custodial sentence.

The Situation at the Time

On the day of the incident, the client drove approximately 20 meters with a blood alcohol concentration of 0.15%.

While he was driving, the other party bumped into the vehicle's side mirror and then claimed a contact accident, demanding a settlement payment.

The other party initially demanded 3 million won and pressed for a settlement, but the client suspected insurance fraud and pushed back, which led to a dispute with the other party.

The Dispute With the Other Party

The client asserted that the other party, knowing about the drunk driving, deliberately approached and made physical contact.

The other party, on the other hand, denied this and continued to demand a settlement payment.

Concluding that there was a possibility of insurance fraud, the client reported the matter directly to the police and asserted that he had not struck the other party with his vehicle.

The Client Who Voluntarily Reported to the Police

When the police arrived, the other party changed his story, claiming that the client had denied the drunk driving and then, after recognizing the traffic accident, had tried to smooth the matter over with a settlement payment.

As a result, the client faced the risk of being booked not merely for drunk driving but for dangerous driving causing injury (under the Act on Aggravated Punishment of Specific Crimes).

The client therefore urgently sought out a Busan attorney and requested legal assistance from the early stage of the investigation.

Recognizing that the client could face a custodial sentence if the Act on Aggravated Punishment of Specific Crimes were applied, the attorney collaborated with the Drunk Driving Traffic Accident Response Group and conducted an examination of evidence to reveal the other party's falsehoods.

2. Busan Attorney | Case Analysis

After analyzing the case closely, the attorney confirmed the following key issues.

The attorney also emphasized that a more careful response was necessary in light of the recently strengthened drunk driving punishment legislation.

Key Issues

1. Whether the other party made intentional contact

A central issue was whether the other party had intentionally bumped into the vehicle after recognizing the drunk driving. If the other party had deliberately approached, made contact, and then demanded a settlement payment, this could potentially amount to extortion.

2. The possibility of applying dangerous driving causing injury under the Act on Aggravated Punishment of Specific Crimes

If an actual contact accident had occurred, the application of the Act on Aggravated Punishment of Specific Crimes (dangerous driving causing injury) could increase the likelihood of a custodial sentence. However, if there was a possibility that the other party had caused the impact himself, it was likely that the matter would be charged as a simple violation of the Road Traffic Act (drunk driving).

3. The effect of the client's voluntary report on sentencing

The client had reported directly to the police and cooperated with the investigation, which was a factor that could be considered in mitigation by the court. Accordingly, the strategy was to maximize the possibility of leniency through submission of a handwritten letter of apology, disposal of the vehicle, and submission of a family petition.

Recently Amended Drunk Driving Legislation

Category

Main Provision

Content

Punishment

New punishment for

obstructing breath

alcohol testing

Road Traffic Act

Article 44 (5)

Punishment of the 'drinking-after-driving' method

(conduct obstructing breath alcohol testing, such as additional drinking or use of medication)

Upon violation, imprisonment of 1 to 5 years or a fine of 5 million to 20 million won

Administrative disposition on the driver's license

→ Same as for a person who refuses a breath alcohol test

Introduction of a

drunk driving prevention device

Road Traffic Act

Article 80-2

Engine start blocked when alcohol is detected, and mandatory installation of the device

① Two or more simple drunk driving offenses → 2 years
② Two or more drunk driving traffic accidents → 3 years
③ Drunk driving hit-and-run or fatal accident → 5 years


For two or more drunk driving offenses within 5 years, the person may drive only a vehicle fitted with the prevention device

3. Busan Attorney | Argument Details

The attorney reviewed the client's mitigating factors and provided active assistance.

1. Submission of a handwritten letter of apology

Showing deep remorse for the incident, the client submitted a total of five handwritten letters of apology.
Through these, he acknowledged his wrongdoing and strongly expressed his determination to prevent reoffending.

2. Self-surrender for the offense

Suspecting the possibility of insurance fraud by the other party, the client turned himself in to the police.
This was an important factor that could serve to mitigate the punishment.

3. Disposal of the vehicle involved

After the incident, the client disposed of the vehicle to prevent any recurrence of drunk driving.
This played an important role in demonstrating to the court that there was no likelihood of reoffending.

4. No traffic accident conduct

The client consistently asserted that he had not struck the other party with his vehicle.

After the examination of evidence team analyzed the circumstances and evidence of the case, it was likely that the matter would be handled as a simple drunk driving case rather than as dangerous driving causing injury under the Act on Aggravated Punishment of Specific Crimes.

The attorney actively demonstrated the above mitigating factors to the court and did everything possible so that the client could avoid a custodial sentence and receive a suspended sentence.

4. Busan Attorney | Suspended Sentence Despite Two Prior Drunk Driving Offenses

Busan Attorney

Although the client had two prior drunk driving offenses, the attorney actively assisted so that he could receive a suspended sentence, taking into comprehensive consideration his voluntary report, submission of a letter of apology, disposal of the vehicle, and the circumstances suggesting intent on the part of the other party in this case.

In the end, the court sentenced the client to a suspended sentence of 2 years, and the client avoided a custodial sentence.

The Drunk Driving Traffic Accident Response Group of Daeryun Law Firm collaborates with the Examination of Evidence and Digital Forensics Group when an unexpected traffic accident occurs, and is responsible for the reliable collection and analysis of evidence.

It provides a one-stop legal service from the examination of evidence through to trial, including collecting CCTV footage, dashcam footage, and statements from people in the vicinity through lawful means and establishing them as evidence.

If you are being investigated after being booked on a charge of drunk driving, 🔗request a legal consultation booking and receive a consultation.

부산변호사 집행유예

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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Attorney ChanWoo JEONG

ChanWoo JEONG

T. 070-5221-2387

Attorney specializing in drunk driving

Attorney InWon KIM

InWon KIM

T. 070-7510-1044

Experience as Chief Prosecutor of the Criminal Division of the Hongseong Branch of the Daejeon District Prosecutors' Office and Chief Prosecutor of the Criminal Department of the Seoul Northern District Prosecutors' Office

Attorney MinSu KIM

MinSu KIM

T. 070-5214-2362

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Attorney YeongMin JEONG

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Attorney specializing in drunk driving

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KangIl LEE

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