| Nationality |
India |
| Case Overview |
The client, while driving under the influence, ran over the victim’s right foot, resulting in a summary order of an 8 million KRW fine. The client sought assistance from Ma-Jung for a sentence reduction. |
| Special Circumstances |
The client reached a settlement with the victim, who expressed no desire for prosecution. |
| Case Handler |
Deputy Chief Attorney Juhyeong Kim |
| Outcome |
Fine reduced from 8 million KRW to 2.5 million KRW. |
1. Client Situation and Facts
The client, an Indian national, was working in Korea as a driver. While driving under the influence, he ran over a pedestrian’s right foot, causing an injury requiring three weeks of treatment. The client’s blood alcohol concentration was 0.082%.
Facing charges under the Traffic Accident Special Act and the Road Traffic Act, the client sought a reduction of the fine or a suspended sentence.
2. Case Issues and Resolution Process
After receiving a summary order of an 8 million KRW fine, the client immediately requested a formal trial to seek a reduction.
1) Background and Personal Circumstances
The client had completed a master’s degree in Korea and was working under a specific activity visa. He actively participated in community service, including volunteer work for the disabled and underprivileged. He had been accepted into a PhD program in Canada, and his wife was already residing there. The substantial fine posed a risk to his future in Canada due to strict entry requirements.
2) Settlement with the Victim
Ma-Jung facilitated multiple discussions with the victim, successfully reaching a settlement and obtaining the victim’s statement of no intent to prosecute.
3) Presentation of Mitigating Factors
We highlighted the client's consistent adherence to legal obligations, his lack of prior criminal history, and his contributions to Korean society through volunteer work. We also emphasized that the heavy fine would jeopardize his planned move to Canada, where his wife was already residing. Additionally, we underscored that the victim had agreed to a settlement and did not wish for further prosecution.
Supporting documents included evidence of the client's social contributions, a heartfelt letter of remorse, and character references from acquaintances.
3. Case Outcome and Client Benefit
Based on these arguments, Ma-Jung successfully argued for a reduced sentence. The prosecutor maintained the original 8 million KRW fine, but the court acknowledged the mitigating circumstances. The court noted the client’s remorse, the settlement with the victim, and the letters of support.
The court ultimately
reduced the fine to 2.5 million KRW, significantly lowering the initial amount.
4. Significance of the Judgment (Explanation of the Disposition)
Drunk driving poses a significant risk to public safety and typically results in substantial fines. However, demonstrating sincere remorse, contributing positively to society, and reaching a settlement with the victim can influence the court to reduce the penalty.
Foreign nationals facing legal issues in Korea should seek early and accurate legal assistance to navigate the complexities of the system and mitigate severe consequences.
