Dangerous Driving Causing Death or Injury | Representing the Complaint for Dangerous Driving Causing Death, the Perpetrator Was Sentenced to Five Years' Imprisonment

It was stated that the dangerous driving causing death or injury case had been in a state of suspension of prosecution.

Suspension of prosecution refers to a disposition that suspends a case when the investigation cannot be concluded, such as when the whereabouts of the suspect are unknown.

In this case, when the suspect's whereabouts are found, the investigation is resumed, and where the matter is serious, an arrest warrant or detention warrant may be obtained to secure the suspect immediately upon discovery of the suspect's whereabouts, and a wanted notice may be issued.

Dangerous driving causing death or injury is a crime in which an accident is caused by dangerous driving conduct such as driving under the influence of alcohol or drugs, causing injury to or the death of a person.

By contrast, traffic accident causing death or injury is a crime in which an accident is caused by negligence such as carelessness, causing injury to or the death of a person, which is where the difference lies.

Traffic accident causing death or injury is subject to the charge of 🔗occupational negligence causing death or injury and is punishable by imprisonment without labor for up to 5 years or a fine of up to 20 million won, which is a relatively lower level of punishment than dangerous driving causing death or injury.

The specialized attorney summarized the case of dangerous driving causing death or injury and emphasized that the perpetrator should be severely punished.

The perpetrator was driving while intoxicated and struck the client's mother with his vehicle.

The client's mother was then taken to the emergency room but ultimately died.

At the time the accident occurred, the perpetrator's blood alcohol concentration was 0.15%, a state of intoxication so severe that he was unable to write a statement.

The perpetrator took no measures after the accident, and after giving a statement to the police he fled and became uncontactable, and a wanted notice was even issued.

Two years later, he was again caught by the police while drunk driving, and only then was the investigation of this case reopened.

The attorney emphasized that, because the perpetrator in this case operated a vehicle in a state in which normal driving was difficult due to intoxication, struck the client's mother, and caused her death, the charge of dangerous driving causing death or injury should be applied.

The attorney submitted a petition for severe punishment and a supplementary statement of the complainant's position, representing the complainant's standpoint.

The wrongdoer fled without even undergoing an investigation, and instead of taking responsibility for their conduct, such as by retaining defense counsel, sought only ways to evade responsibility.

On this ground, the attorney requested that the wrongdoer's conduct be thoroughly investigated and that severe punishment be imposed.