Regarding the case of punishment for the DUI Special Act (abortion), the Supreme Court recently said that even if another vehicle drove under the influence of alcohol, the court still admitted that the case of the victim and the perpetrator should be considered. If the victim does not want the perpetrator to be punished, the court said that the charges against the perpetrator should be dismissed. A caused a traffic accident in his late 0.07% blood alcohol level on a road and collided with a taxi. The taxi driver was diagnosed with a lumbar sprain and lasted for two weeks, and suffered a loss of 2 million won in vehicle repair costs. A was charged with four charges: punishment related to injury under the DUI Special Act, property damage, and failure to subscribe to compulsory car insurance under the Road Traffic Act.Mr. B was also in the driving business. In the early morning hours, he had driven a car while drunk with a blood alcohol concentration of 0.1% in the early morning hours. While reversing in the opposite direction, he drove into the victim’s vehicle, causing injury to the sprain of the whip damage for two weeks, and the victim was put on criminal trial. In fact, the brake light of Mr. B’s vehicle was maintained, but the gear was changed to reverse on the day of the accident. It was admitted that the condition had been maintained for several hours. Mr. B’s vehicle suddenly reversed and hit the victim’s vehicle, but at that time, Mr. B said he was snoring and falling asleep.If you are worried about punishment for injury under the DUI Special Act, the court does not have a good view of the drunk driving case, and you are taking the case seriously. Moreover, if there is a problem of injury or death, it is wise to seek the help of a legal expert because it is a more serious situation. Rather than responding to this alone, responding with the help of an expert from the beginning of the case can flexibly respond to unexpected situations in the future. If there are favorable circumstances to be taken into account, it is necessary to obtain expert review and submit them to an investigative agency or court, and make efforts to resolve them smoothly through agreement with the victim. Therefore, I recommend that you get the help of a legal expert quickly.이전 이미지다음 이미지This situation was recognized because of the following circumstances. After shocking the victim’s vehicle, the victim got out of the vehicle and went to B’s vehicle, and the victim knocked on the window, but B did not wake up and reported to the police. He was sleeping in the vehicle until the police officer was dispatched, so he thought B did not fall under the ‘driving’ prescribed by the Road Traffic Act. The court eventually acquitted B.According to the DUI Special Act, if a traffic accident occurs due to negligence or gross negligence, resulting in death or injury, the person concerned will be sentenced to up to five years in prison or a fine of up to 20 million won. This applies only in the event of a traffic collision due to an inadvertent driving mistake. In addition, if an agreement is reached with the victim on negligence and the victim does not want punishment for injury under the DUI Special Act, a prosecution cannot be filed according to the victim’s explicit intention. However, there is a unique regulation that allows the perpetrator to be punished even if the victim and the driver agree to death a pedestrian on a crosswalk, not a simple accident while driving under the influence of alcohol. It is said that it can be seen as an exceptional law in which injuries occur due to occupational negligence. In the case of drunk driving, the level of punishment varies depending on the blood alcohol concentration, and the blood alcohol concentration measured at the time of the offense is 0.08%, which is said to be sentenced to up to one year in prison pursuant to Article 148-2 (3) 2 of the Road Traffic Act. It may be concluded with a fine of 5 million won or more or 10 million won.
