CONTENTS
- 1. Case of a Client at Risk of Punishment for Repeat Drunk Driving
- - Statutes Applicable to the Punishment of Repeat Drunk Driving
- 2. Areas of Assistance for Defending against Punishment for Repeat Drunk Driving
- - Submitting Family Livelihood and Workplace Circumstances as Sentencing Materials
- - Emphasis That There Was No Personal or Property Damage
- - Blocking the Possibility of Reoffending Through Reoffending Prevention Measures (Sale of the Vehicle)
- 3. As a Result of Assistance With the Punishment of Repeat Drunk Driving, the Case Concluded With a Suspended Sentence
- - Response Strategies for the Punishment of Repeat Drunk Driving
1. Case of a Client at Risk of Punishment for Repeat Drunk Driving
The client at risk of punishment for repeat drunk driving was found to have driven a section of about 2 km, from a parking lot to the road, with a blood alcohol concentration of 0.062%, and faced a heavy burden because there was even a prior record of a fine.
The client was most worried about “whether an actual custodial sentence would be imposed this time,” and a response was needed that, from the early stages of the case, properly prepared materials showing remorse and the foundation of daily life and that persuasively addressed sentencing.
The client came to us asking only to be spared from detention, stating that if they were to serve an actual custodial sentence, their family's livelihood would be put at risk.
Statutes Applicable to the Punishment of Repeat Drunk Driving
What Is the Sentence for Drunk Driving?
If drunk driving is established, punishment may be imposed according to the blood alcohol concentration as follows.
Blood Alcohol Concentration | Sentence |
|---|---|
0.2% or higher | Imprisonment of 2 to 5 years or a fine of 10 million to 20 million won |
0.08% or higher to less than 0.2% | Imprisonment of 1 to 2 years or a fine of 5 million to 10 million won |
0.03% or higher to less than 0.08% | Imprisonment of up to 1 year or a fine of up to 5 million won |
What Is the Punishment for Repeat Drunk Driving?
If a person commits drunk driving again within 10 years from the date a sentence of a fine or heavier is finalized for drunk driving, that person may be punished more severely as a repeat drunk driving offense.
Blood Alcohol Concentration | Sentence |
|---|---|
0.2% or higher | Imprisonment of 2 to 6 years or a fine of 10 million to 30 million won |
0.03% or higher to less than 0.2% | Imprisonment of 1 to 5 years or a fine of 5 million to 20 million won |
2. Areas of Assistance for Defending against Punishment for Repeat Drunk Driving
In the repeat drunk driving punishment case, systematic assistance was provided, centering on the key sentencing factors, so that the client could avoid an actual custodial sentence and receive a suspended sentence.
Submitting Family Livelihood and Workplace Circumstances as Sentencing Materials
The drunk driving specialist attorney emphasized that the client was the head of household responsible for the family's livelihood, and that if an actual custodial sentence were imposed, the foundation of the family's livelihood could collapse.
In addition, the attorney organized the circumstances showing that the client's duties were essential to the operation of the company, and submitted materials such as petitions so that they would be reflected in sentencing.
Emphasis That There Was No Personal or Property Damage
In the client's case, the attorney specializing in drunk driving cases organized the absence of any personal or property damage, since no accident had occurred, as a key mitigating circumstance.
The attorney also explained the driving distance (approximately 2 km) and the circumstances of the case, and submitted an opinion to the effect that the imposition of an excessive custodial sentence would be unjust.
Blocking the Possibility of Reoffending Through Reoffending Prevention Measures (Sale of the Vehicle)
The attorney specializing in drunk driving cases emphasized that the client had taken substantive measures to prevent reoffending, such as selling the vehicle involved in the case.
To prove this, the attorney attached materials related to the sale of the vehicle and persuaded the court that the likelihood of reoffending was low.
3. As a Result of Assistance With the Punishment of Repeat Drunk Driving, the Case Concluded With a Suspended Sentence
As a result of assisting a client facing punishment for repeat drunk driving, the court imposed a suspended sentence.
The client expressed gratitude, saying that thanks to the assistance of the drunk driving attorney, the client was able to avoid an actual custodial sentence despite the repeat drunk driving offense.
Drunk driving is not merely a violation of traffic regulations but a serious crime that can lead to criminal punishment.
If the initial response is missed, the matter may not end with a fine, and the possibility of an actual custodial sentence may even be considered, so caution is required.
In particular, when there is a risk of punishment for repeat drunk driving or when an accident is involved, the issues can become complex during the investigation and trial process, so rather than making decisions alone, it is advantageous to respond strategically with the assistance of a specialized attorney.
If you need help with a situation similar to the case above, please feel free to inquire through 🔗Specialized Attorney Legal Consultation Reservation. |
Response Strategies for the Punishment of Repeat Drunk Driving
Response Item | Main Content | Examples of Submitted Materials |
|---|---|---|
1. Preparation of Sentencing Materials | - Demonstration of being the household breadwinner | Family relationship certificate, pay statements, workplace petition, and the like |
2. Emphasis on the Absence of an Accident or Damage | - No personal or property damage | Statement of accident circumstances, written confirmation of facts, and the like |
3. Efforts to Prevent Reoffending | - Substantive measures such as sale of the vehicle | Vehicle sale contract, written pledge, and the like |
4. Expression of Remorse and Responsibility | - Emphasis on a deeply remorseful attitude | Letter of apology, counseling records, treatment records, and the like |
5. Assistance of Defense Counsel | - Strategy development from the police investigation onward | Sentencing opinion, defense counsel's opinion, and the like |
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