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Legal Intellectual

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Q

Does writing a letter of apology for drunk driving result in a reduced sentence in all cases?

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It happened in a parking lot, and I am currently facing a police investigation after being criminally booked. While drinking, I thoughtlessly took the wheel to briefly move a car parked in the parking lot and caused a minor collision. I think I saw somewhere that you are not punished if you drive in a parking lot within an apartment complex; I am wondering whether that is correct. I am a first-time offender; can I have my sentence reduced by writing a letter of apology for drunk driving? I am wondering whether I need to retain an attorney specializing in drunk driving.

Letter of apology for drunk driving

Attorney specializing in drunk driving

A

Answer to Related Inquiry

Even where drunk driving or a hit-and-run occurs not on a road but in a parking lot, within a school, at an apartment complex, or the like, it is treated as driving just as on an ordinary road and is punished under the Road Traffic Act.

In addition, there is also a Supreme Court decision holding that the Act on Special Cases concerning the Settlement of Traffic Accidents should be regarded as applying to all cases arising from the traffic of a vehicle.

In the case of drunk driving, due to the expansion of the space of punishment, even if you drive under the influence in a parking lot that is not a road under the Road Traffic Act, you are criminally punished according to the blood alcohol concentration at the time.

Punishment for drunk driving can be imposed regardless of the type of vehicle driven while intoxicated or the place of driving, and if you are caught for drunk driving, you may receive a suspension or cancellation of your license, a fine, or, in serious cases, even a prison sentence.

Moreover, as in your case, if an accident occurred due to drunk driving, the resulting criminal and civil liability is added, and the punishment may be aggravated.

However, as in your case, where the matter falls under first-time drunk driving, with the assistance of an attorney specializing in drunk driving, you can attempt mitigation by arguing the unavoidable nature of the parking process or that the danger of the drunk driving was low.

In particular, if you obtain a letter of apology for drunk driving, a statement of no desire for punishment through a settlement with the victim, and petitions from acquaintances, there is a possibility of a reduced sentence.

Although I do not know the exact details, if you are a public official or work in an occupation requiring strict integrity, such as employment at a public enterprise, responding to the criminal and administrative procedures is essential so that it does not later become a ground for disqualification from appointment.

If you wish to defend against punishment for first-time drunk driving, we hope that, after a consultation with and the retention of an attorney specializing in drunk driving, you will learn how to write a letter of apology for drunk driving and receive a solution.​

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