Fatal traffic accident and drunk driving
A retired man spent the day harvesting at the small farm he kept outside the city with his wife, and drank a couple of beers at lunchtime because of the heat. Driving her home that evening he was going too fast and not watching the road, and hit the back of an illegally parked truck, killing her instantly. Blood taken at the hospital put him over the limit, so he was prosecuted for causing her death and for drink driving.
Retired manFatal traffic accidentWife killedDrunk drivingParked truck
Suspended sentence (집행유예)Criminal
This image is for illustrative purposes and is not a photo of an actual case.
Criminal punishment when a traffic accident causes death
Because traffic accidents occur very frequently, if every injury was punished as negligent injury, there would be a risk that all citizens would become criminals.
Therefore, Article 3, Paragraph 2 of the Traffic Accident Processing Special Act exempts from criminal punishment accidents causing injury that do not involve one of the 12 serious negligent acts, such as drunk driving or speeding, if the driver has comprehensive insurance or the victim does not want punishment.
However, the above provision does not apply when the victim dies. Therefore, a driver who causes a fatal accident can be sentenced to up to five years of imprisonment or a fine of up to 20 million Korean won, no matter how slight the negligence and even if the victim does not want punishment.
Recently, attorney Joo Youngjae handled a case of Traffic Accident Processing Special Act Violation (Death) and Road Traffic Act Violation (Drunk Driving) and obtained a suspended sentence. We will introduce this case.
Facts of the case
After retirement, the defendant (client) had set up a small farm near the city, and every weekend he and his wife (the victim) visited and farmed together.
On the day of the accident, the defendant went to the farm early in the morning and harvested cucumbers, zucchini, and other crops. The weather was so hot that he drank about two cans of beer around noon.
Later, around 8 p.m., the defendant began driving home with his wife. He was speeding and failed to keep his eyes on the road, and he crashed into the rear of an illegally parked truck. The accident killed his wife instantly.
Police took a blood sample from the defendant, who had been taken to the emergency room, and measured his blood alcohol concentration at 0.082%.
Accordingly, the prosecutor indicted the defendant on charges of Traffic Accident Processing Special Act Violation (Death) and Road Traffic Act Violation (Drunk Driving).
Attorney Joo Youngjae's assistance
In this case, it was difficult to contest the defendant's negligence due to various evidence such as a dashboard camera and the blood alcohol measurement.
The streetlight was off at the time of the accident, making it hard for the defendant to see the illegally parked vehicle. The defendant and his wife had a very good relationship, and the bereaved family did not want punishment. The defendant himself was seriously injured in the accident. Attorney Joo Youngjae presented these points to ask for leniency.
Court's decision
The court accepted attorney Joo Youngjae's sentencing opinion and, unusually, even though the victim had died, imposed a suspended sentence on the defendant.
Both the prosecutor and the defendant gave up appeals, and the judgment was confirmed.
Before you read
The results shown here depend on the facts and evidence of each case and the laws in force at the time. Every case is different, so the outcome of one case does not predict or guarantee the outcome of another. This page is not legal advice. For your own case, please confirm through a consultation.
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