Dangerous Driving Causing Death or Injury Assistance Case | Avoiding a Custodial Sentence with a Suspended Sentence for a Client Charged with Dangerous Driving Causing Injury

The case began when the client, judging on the morning after drinking that the hangover had cleared, drove the vehicle as usual.

While driving straight, the client caused an accident by colliding with a vehicle that was attempting to turn left.

As a result of this accident, the other vehicle suffered damage severe enough to require scrapping, and the injured driver also sustained injuries requiring hospitalization.

In addition, the blood alcohol concentration measurement conducted by the police who responded immediately after the accident confirmed a high reading exceeding 0.2%.

Ultimately, the client was booked on charges of dangerous driving causing injury and drunk driving.

Gripped by fear of an actual sentence, the client felt the need for professional assistance and requested a consultation with a traffic accident attorney.

It is provided in Article 5-11 of the Act on Aggravated Punishment of Specific Crimes, and the following punishments apply.

In the crime of dangerous driving causing death or injury, the key is whether the state went beyond mere intoxication to a "state in which normal driving was difficult."

For example, if the blood alcohol concentration was high and there were circumstances indicating a loss of vehicle control at the time of the accident, the charge may well be recognized.

In this case, the client was in a state exceeding a blood alcohol concentration of 0.2%, so the charge itself could well be recognized.

Accordingly, the attorney prepared a strategy of admitting all the charges while actively submitting sentencing materials that could prove an attitude of remorse, efforts toward recovery of harm, and the like, in order to lower the level of punishment.

The traffic accident attorney faithfully demonstrated to the investigative agency and the court that the client had honestly acknowledged the circumstances of the accident from the early investigation stage and had shown a sincere attitude of remorse.

In addition, citing the fact that the client had driven after getting sufficient sleep following drinking the previous day, the attorney emphasized the circumstances that there was no intent and that it was an unavoidable error in judgment.

Through this, the attorney ensured that the client's personal circumstances and grounds for mitigating circumstances could be reflected to the fullest extent.

Considering that the victim's hospitalization and the extent of vehicle damage were considerable, the traffic accident attorney, together with the client, made the prompt recovery of the harm the top priority.

The attorney attempted to contact the victim's side several times, offering a sincere apology along with a practical compensation plan for medical expenses and vehicle damage.

As a result, the attorney succeeded in reaching an amicable settlement with the victim and was also able to secure the victim's statement of no wish for punishment and submit it to the court.

Through this, the attorney was able to highlight, as a strong sentencing factor, that the client was genuinely reflecting and was striving to fulfill social responsibility.

The above was the account of a client who was charged with dangerous driving causing death or injury but, with the assistance of a traffic accident attorney, avoided an actual custodial sentence and was sentenced to a suspended sentence.

Daeryun Law Firm has many specialized attorneys with experience handling a variety of traffic accident and drunk driving cases.

When a traffic accident occurs, the firm conducts a prompt and accurate initial assessment, reviews the proportion of fault, and provides comprehensive assistance through the case, including insurance handling and the response to the criminal trial.

In addition, the firm assists with cases as a team rather than relying on a single attorney, and through continuous monitoring of the case, it supports efforts to minimize the client's loss.

If you are facing the risk of punishment for dangerous driving causing death or injury, please entrust your case through the 🔗legal consultation booking.