Alcoholic accident fine agreement, criminal agreement not guilty
I don’t think anyone knows that driving while drinking is prohibited by law. However, people still line up every day throughout the country to be subject to alcohol control. Among them, there are cases where accidents cause enormous property damage or even casualties. However, in this regard, there were a number of cases in which the first-line court reduced the sentence in the process of determining the sentence, so problems were discussed from time to time. In the end, the Supreme Discretionary Sentencing Commission drew a sword by modifying sentencing factors, leading to a sharp increase in the proportion of prison sentences.
■ What are the criteria for fines for drunk accidents?
It is natural to add more punishment if an accident exists than in general cases where it was cracked down without any special accidents. For example, if you are a first-time offender and your blood alcohol concentration is less than 0.08%, you will be sentenced to up to 5 million won in property punishment, but if there is a casualty, you will be fined up to 20 million won under the Traffic Accident Handling Special Act. In addition, it can be confirmed that the standard of fines for drunk accidents increases several times in that property punishment of up to 30 million won can be imposed if a person is injured while driving in a state where driving work is extremely difficult.
■ What is the possibility of a prison sentence?
The problem is that drinking accidents can lead to a possibility of imprisonment, not fines. If the victim is not seriously injured as a first-time offender, the punishment may be determined by property punishment, but if you have a history of committing traffic crimes, including alcohol control, or if the victim is seriously injured, there is a possibility of imprisonment. In particular, he advised that if the serious consequences of the victim’s death were brought, the situation could change rapidly in that no matter how first-time a crime is, not only prison sentences but also arrest investigations are possible. In fact, the legal sentence also stipulates that up to 15 years of free punishment can be given if the victim is injured, and life imprisonment can be sentenced if the victim dies.
■ What if he’s not guilty?
Based on experiencing various cases while working as a lawyer, it is rare for a person to be acquitted of a drunk accident charge, but depending on the case, there may be cases where he or she can be acquitted. For example, if you can refute that the blood alcohol concentration at the time of driving did not meet the regulatory standards in cases where a considerable amount of time has passed after driving, you can theoretically plead not guilty if there is room to deny the causal relationship. At the same time, if the investigation is conducted in an illegal procedure, it may be possible to acquit by taking it as a problem, so we recommend that you decide your direction of argument after accurate legal consultation.
■ How about commutation of the sentence?However, various defense strategies need to be devised to reduce the sentence after a drinking accident where one cannot plead not guilty. If you have a large history of crimes, you need to make arguments that minimize habitability and highlight that there is no fear of recidivism, and if you have an explanation about the crackdown, you need to emphasize that it was not a crime intentionally committed with malicious intent. He stressed that the prosecutor should thoroughly refute the unfavorable sentencing factors claimed by the prosecutor and establish a defense strategy to fully recognize the sentencing factors in favor of the defendant. In addition, if there is a victim, it is also effective to elicit the victim’s willingness not to be punished.■ CRIMINAL AGREEMENT METHOD FOR DRINKING ACCIDENTOne of drinking accidentally proposed drinking accidentally, but the condition of the accident, but it is not possible to avoid any damage to the condition of the accident.Of course, the accident itself must be a minor and the police should be responsible for the police, but it is quite effective.But what should I do if this fails?If the contact of the victims, we will only ask the agreement and the inquiry of the victims, we will not know the contact of the victims.(ii) The prosecution may also take a method to apply to the individual information of the court stage.If you finish a peaceful negotiation of the victims and drinking accident conditions, you should create a relevant documents and punishment with the most advantage of the most advantage of the victims and punishment.■ The standard of settlement for drunk accidents isI think a lot of people are curious about this part. First of all, there is no standard of settlement for drunk accidents stipulated by the law. However, in practice, the amount of alcohol accident agreement is often calculated from about 300,000 won to 1 million won per share. However, there are exceptional cases in which the amount of out-of-court settlement jumps incessantly considering the perpetrator’s economic situation and the possibility of severe punishment, while negotiations break down due to the perpetrator’s lack of financial ability. According to my personal experience, I have seen cases in which desperate perpetrators offered settlement money in billions of won, and cases in which victims who felt guilty agreed at 0 won.■ Is it over as long as we reach a criminal agreement?Sometimes some people think, “It’s over as long as we agree on a criminal case.” The victim’s unwillingness to punish does not determine the judiciary’s right to punish, so it is a very dangerous idea to think that the criminal agreement has been completed and sufficient preparations have been made after a drunk accident. It is clear that forgiveness of victims is an important factor in the process of judging sentences, but it is also recommended to judge various other factors comprehensively and sentence the final punishment, and to thoroughly prepare according to the lawyer’s instructions.Sometimes some people think, “It’s over as long as we agree on a criminal case.” The victim’s unwillingness to punish does not determine the judiciary’s right to punish, so it is a very dangerous idea to think that the criminal agreement has been completed and sufficient preparations have been made after a drunk accident. It is clear that forgiveness of victims is an important factor in the process of judging sentences, but it is also recommended to judge various other factors comprehensively and sentence the final punishment, and to thoroughly prepare according to the lawyer’s instructions.Sometimes some people think, “It’s over as long as we agree on a criminal case.” The victim’s unwillingness to punish does not determine the judiciary’s right to punish, so it is a very dangerous idea to think that the criminal agreement has been completed and sufficient preparations have been made after a drunk accident. It is clear that forgiveness of victims is an important factor in the process of judging sentences, but it is also recommended to judge various other factors comprehensively and sentence the final punishment, and to thoroughly prepare according to the lawyer’s instructions.Sometimes some people think, “It’s over as long as we agree on a criminal case.” The victim’s unwillingness to punish does not determine the judiciary’s right to punish, so it is a very dangerous idea to think that the criminal agreement has been completed and sufficient preparations have been made after a drunk accident. It is clear that forgiveness of victims is an important factor in the process of judging sentences, but it is also recommended to judge various other factors comprehensively and sentence the final punishment, and to thoroughly prepare according to the lawyer’s instructions.Sometimes some people think, “It’s over as long as we agree on a criminal case.” The victim’s unwillingness to punish does not determine the judiciary’s right to punish, so it is a very dangerous idea to think that the criminal agreement has been completed and sufficient preparations have been made after a drunk accident. It is clear that forgiveness of victims is an important factor in the process of judging sentences, but it is also recommended to judge various other factors comprehensively and sentence the final punishment, and to thoroughly prepare according to the lawyer’s instructions.Previous Image Next ImagePrevious Image Next ImagePrevious Image Next Image