Drunk driving, unlicensed driving and hit-and-run
We handle everything from drunk driving and unlicensed driving to hit-and-run, hit-and-run causing injury and dangerous driving causing injury. Whether you were aware of the accident, whether you took the measures required to assist the victim, and what your blood alcohol concentration was are what decide the penalty.
Cases under the Road Traffic Act take many forms, including drunk driving, unlicensed driving and failure to take measures after an accident, commonly known as hit-and-run. Such cases do not stop at a fine. Suspension or revocation of a licence, criminal punishment and disadvantages in insurance can all have a serious effect on everyday life and on a career.
With drunk driving and unlicensed driving in particular, the level of punishment can vary widely with any prior convictions of the same kind, the blood alcohol concentration and whether an accident occurred. Where someone was injured, whether a settlement is reached with the victim also weighs heavily as a factor in sentencing.
Hit-and-run causing injury and dangerous driving causing injury are serious traffic offences. They arise where a driver injures another person in a traffic accident and then leaves the scene without taking the required measures, or where a driver causes personal injury while under the influence of alcohol or drugs, or otherwise unable to drive normally.
Unlike an ordinary traffic accident, cases of this kind can bring heavy criminal punishment, including an immediate prison term, along with revocation of the driving licence, disadvantages in insurance and serious consequences at work and in social life. The outcome can differ greatly depending on the circumstances at the time of the accident, whether the driver was aware of it, whether the measures taken afterwards were adequate, the extent of the harm and whether a settlement was reached with the victim.
In dangerous driving causing injury cases, the alcohol reading, how the accident came about, the degree of the driver's negligence and the scale of the harm are important factors in the assessment. In hit-and-run causing injury cases, the central issues are whether the driver was aware of the accident and whether they took steps to assist the injured person. Prompt and methodical action from the earliest stage of the investigation therefore matters more than anything.
Drawing on the experience built up across many criminal traffic cases, Ilsang Law Office provides the legal services a client needs at every stage, from police questioning through the prosecution's investigation to trial. We examine the specific facts and the legal issues in each case closely, and assist responsibly in working towards the best result available.
Articles on Traffic Offence Cases
From drunk driving stops and investigations through to hit-and-run causing injury, a step-by-step account of how these cases are actually handled.
When hit-and-run causing injury is established, and how attorney fees are set
If you damage road fixtures or a parked vehicle while driving and then leave the scene, the charge that applies is failure to take measures after an accident.
Reported for hit-and-run causing injury after a minor collision: if a medical certificate is filed, will the case be referred to the prosecution?
A, an office worker, was driving home through a narrow side street after a gathering when the car grazed an oncoming vehicle.
I left my contact details, so how is this a hit-and-run? Surviving a charge of hit-and-run causing injury
Flustered right after an accident, some drivers hand over a business card or key in a phone number and hurry away from the scene. They tell themselves that leaving contact details was enough, and then a few days later the police call about a charge of hit-and-run causing injury…
What happens at police questioning for failure to take measures after an accident?
Some drivers damage road fixtures and leave the scene without taking any measures at all (median strips, guardrails, bollards, street lights, street trees, traffic lights, roadside planters, kerbstones...).
I drove on without even knowing there had been an accident and was reported for hit-and-run: arguing innocence at police questioning
Some drivers never register the accident at all and then, days later, get a call from the police saying they have been reported for failure to take measures after an accident and for hit-and-run causing injury.
![Is driving on after a minor contact at a crosswalk a hit-and-run? [Cleared of suspicion]](https://touuvwgbvkszqzrpucoi.supabase.co/storage/v1/render/image/public/media/law-ilsang/blogpost/224218379526.jpg?quality=75&resize=contain&width=1280)
Is driving on after a minor contact at a crosswalk a hit-and-run? [Cleared of suspicion]
B, an office worker, dozed off while waiting at a crosswalk signal. The pressure on the brake eased, the car crept forward and bumped a pedestrian crossing the road.
Using a family member's resident registration number at a drunk driving stop: will I be detained?
Because the penalties for drunk driving are heavy, drivers sometimes use a family member's resident registration number or personal details to get out of a stop.
When drunk driving is suspected, the police investigation stage matters most
Separation of investigative powers between the police and the prosecution, in force since January 1, 2021. The police hold the power to close a case at first instance, and the prosecution controls this through supplementary or renewed investigation.
When an insurance investigator asks for an accident report and suspects drunk driving (own-damage claims, failure to take measures)
Even after a single-vehicle accident or a failure to take measures, such as leaving the scene after damaging property, you can in principle claim your own repair costs on your insurance. Only if you were not drunk driving, of course.
Why do insurers suspect drunk driving?
Why the pressure calls start after an own-damage claim. Last week an office worker, A, came to our office after filing an own-damage claim and being pressed by the insurer, which said it suspected drunk driving.
On a third drunk driving offence, defending against detention comes before hoping for a fine
Many people come to us on a third drunk driving charge, and they all say the same thing: "Is there no way to end this with a fine?" To put it plainly, a third drunk driving offence is always sent to a full trial.…
Public officials and drunk driving: fines, punishment and disciplinary action
If a public official is punished with a suspended sentence or anything heavier for drunk driving, that is grounds for automatic removal from office.
Consultation Information
Consultations are available 365 days a year, free of charge. Both the phone consultation and the chat assistant are free. We are in the first building at the west gate of the Seoul Central District Court. You can also consult through the chat window at the bottom right of the screen. Four languages can be selected at the bottom or top of the page.