Deals & Cases

Drunk driving · Failure to take measures after an accident
Drunk driving · Failure to take measures after an accidentSuspended sentence

Busan Hit-and-Run Lawyer | Hit-and-Run Lawyer Secures a Suspended Sentence on a Charge of Failure to Take Measures After a Drunk Driving Accident

The client who came to the Busan hit-and-run attorney urgently sought out a hit-and-run attorney at the Busan branch office after causing a drunk hit-and-run accident on a coastal road in Busan with a blood alcohol concentration of 0.2%.

1. Busan Hit-and-Run Lawyer | Background of the Case

Law Firm Daeryun Busan hit-and-run attorney drunk driving and failure to take measures after an accident suspended sentence case

The Busan hit-and-run attorney's client stated that, while returning home after drinking with an acquaintance, the client fell asleep with the autonomous driving mode turned on and collided with the car ahead, causing an accident.

However, the client was asleep at the time and did not realize the collision with the car ahead, and afterward awoke upon a major collision with a structure on the expressway, coming to learn that an accident had occurred.

Hit-and-Run Lawyer's Client Drove After Drinking in the Early Morning

The client returned home in the early morning after drinking with an acquaintance he had not seen in a while.

Recognizing that he was intoxicated, the client judged that he could not drive himself, so he turned on the autonomous driving mode built into the vehicle and drove.

He stated that he turned on the autonomous driving mode based on the complacent judgment that he only had to drive straight along the highway.

The client's vehicle, failing to recognize a truck that suddenly cut in, collided directly with the rear of the truck.

However, the client had inadvertently fallen into a deep sleep and was unaware of the accident situation.

Hit-and-Run Lawyer's Client in an Accident With a Truck Driver

The truck driver chased the client's vehicle in order to address the accident, but upon seeing that the client's vehicle did not stop, he reported it to the police.

In the end, the client's vehicle came to a stop after colliding with a structure installed on the expressway, and as the client woke from sleep due to the impact, he became aware of the accident.

Hit-and-Run Lawyer's Client Booked on Charges of Drunk Driving (DUI) and Failure to Take Measures After an Accident

In the end, the client was booked without detention on charges of drunk driving and failure to take measures after an accident by the highway patrol unit that responded.

The client came to the Busan hit-and-run specialist attorney of Daeryun Law Firm and urgently requested assistance.

The client, who is caring for an ill elderly mother, was worried that if the client were to serve time in prison the family's finances would decline.

It was a situation that required careful assistance so that the client could avoid an actual custodial sentence.

2. Busan Hit-and-Run Lawyer | Analysis of the Issues

Law Firm Daeryun Busan hit-and-run attorney case on drunk driving and failure to take measures after an accident

The Busan hit-and-run attorney analyzed the key issues of the case in order to assist the client.

After confirming which legal principles a hit-and-run case arising from a drunk-driving traffic accident may run afoul of, the attorney developed an argument strategy.

Busan Hit-and-Run Lawyer Assistance 1. The First Accident With the Truck Driver

The client caused a first collision when he struck a truck driver.

At the time, because he was deeply asleep while heavily intoxicated, he did not realize that he had struck the rear part of the truck.

However, the police pressed him, stating that during autonomous driving a sound goes off inside the vehicle when the hands leave the steering wheel, so it would be impossible not to know.

Busan Hit-and-Run Lawyer Assistance 2. Negotiating a Settlement With the Victim

Because this case involved property damage, an amicable settlement with the victim was needed.

In particular, 🔗drunk-driving hit-and-run is regarded as a particularly serious offense, so the rate of reduced sentences or leniency is low, and it was therefore necessary to settle with the victim as much as possible so as to be favorable to the court's sentencing determination.

The victim did not readily agree to settle, stating that he had been unable to carry out freight transport work for some time following the accident with the client.

In response, the Daeryun Law Firm Busan attorney handled the settlement on the client's behalf.

▷ Delivering a letter of apology and an expression of remorse
▷ Presenting vehicle repair costs and a settlement amount
▷ Prompt measures through the insurance company

In the end, the victim prepared a statement of no wish to punish and a settlement agreement.

As shown, if you need a 🔗drunk driving consultation due to a traffic accident after drinking, you should obtain the assistance of an attorney to resolve the matter.

Busan Hit-and-Run Lawyer Assistance 3. Review of the Relevant Legal Principles

If you have been booked on a charge of failure to take measures after an accident following drunk driving, as in this case, you may be subject to the following punishment.

If a driver causes a traffic accident and then flees without aiding the victim, 🔗hit-and-run causing injury may apply, and the driver may be subject to aggravated punishment, so caution is needed.

Type

Punishment

Property damage only

Imprisonment of up to 5 years or a fine of up to 15 million won (under the Act on Aggravated Punishment of Specific Crimes)

Simple flight after an accident

(personal injury caused)

Injury

Imprisonment for a definite term of at least 1 year or a fine of 5 million to 30 million won

Death

Life imprisonment or imprisonment for at least 5 years

Moving and abandoning the victim and then fleeing after an accident

Injury

Imprisonment for a definite term of at least 3 years

Death

Death penalty, life imprisonment, or imprisonment for at least 5 years

1. Death or injury results from the traffic accident

2. Failure to take measures such as aiding the casualties

3. Failure to provide personal information

4. Leaving the scene after the accident

1. Sincere remorse

2. The actual extent of the damage

3. Whether a settlement was reached with the victim

4. Likelihood of reoffending

3. Busan Hit-and-Run Lawyer | Argument

The Busan hit-and-run attorney defended the client with the following arguments.

① Acknowledgment of the charged facts and remorse

The client and the Busan attorney acknowledged all of the charged facts and the evidence in this case.

The attorney argued that the client, after drinking, fell briefly asleep with the self-driving system turned on and thereby caused this accident, but that he recognized this as a very serious wrong and was deeply remorseful.

② An amicable settlement reached with the victim

The attorney stressed that the client had compensated for the property damage through the insurer and separately paid a settlement amount, reaching an amicable settlement.

The attorney supported this argument by submitting the settlement agreement and the statement of no desire for punishment that the victim had prepared.

③ A prior conviction for the same type of offense, but one from 20 years ago

The client had a prior conviction for the same type of offense 20 years earlier, for which he received a fine, but he stated that he had not driven under the influence even once since then.

In this case, however, the incident occurred under the complacent judgment that, rather than driving himself while intoxicated, it would be safe to drive using the autonomous driving system.

4. Busan Hit-and-Run Lawyer | Suspended Sentence Granted in Consideration of Sentencing Factors

Law Firm Daeryun Busan hit-and-run attorney drunk driving and failure to take measures after an accident case

With the assistance of the Busan hit-and-run attorney, the client was able to receive a final judgment of a suspended sentence.

The court that heard this case found that the client had caused an accident after drunk driving but had fallen asleep and left the scene without taking any measures, and judged the nature of the offense to be poor.

However, taking into account factors such as the client's attitude of fully acknowledging and reflecting on the wrongdoing, the fact that the victim's property damage was fully recovered, and the fact that a settlement was reached, the court rendered a judgment of a suspended sentence.

Recently, 🔗sentencing for drunk driving has become heavier, so if a drunk-driving accident occurs, one should obtain the assistance of an attorney from the early stage of the case.

🔗legal consultation reservation may be used to arrange a consultation.

부산뺑소니변호사 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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Experience as a prosecutor at the Busan High Prosecutors' Office and chief prosecutor at the Seoul Western District Prosecutors' Office

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