Drunk Driving Consultation | Client Detected Twice for Drunk Driving Receives a Suspended Sentence Through Drunk Driving Consultation Assistance

The client who came to the drunk driving attorney for a drunk driving consultation already had a prior record of drunk driving.

On the day of the incident, the client was having lunch with friends at a community hall.

Having drunk one glass of soju, the client received a call that the elderly mother had gone out and was on her way back.

Worried that the elderly mother, who suffers from a chronic illness, was walking home, the client ended up taking the wheel out of a desire to bring the mother home.

The client stopped the car immediately after driving and then, feeling thirsty, additionally drank one bottle of makgeolli, after which the client was subjected to a drunk driving check by police who responded to a report and was detected with a blood alcohol concentration of 0.13%, coming to face the risk of 🔗punishment for drunk driving.

Accordingly, the client, who had a prior record of drunk driving, requested assistance through a drunk driving consultation in order to avoid an actual sentence.

1) No substantive harm to society occurred

The drunk driving attorney secured the statements of apartment residents and emphasized the point that the client drank the makgeolli immediately after stopping the car and that the measurement was a reading taken right afterward, stressing that the actual reading would be lower than 0.13%.

In addition, the attorney argued the point that no traffic accident or personal or property damage occurred and that therefore no substantive harm was inflicted on society.

2) The client's deep reflection and will to prevent recidivism

The drunk driving attorney organized and submitted, in the form of an opinion statement, the points that the client had made a pledge of abstinence after the prior record of drunk driving and was completing a drunk driving education program to prevent recidivism.

In addition, through a letter of reflection, the attorney emphasized that the client was repenting and deeply reflecting on the wrongdoing, stressing that the possibility of the client's recidivism was low.

3) Emphasizing the client's role as a head of household and a member of society

The drunk driving attorney secured livelihood materials, such as the client's loan records, pay statements, and receipts for the elderly mother's medical expenses.

Through this, the attorney emphasized the point that the client was the head of a household responsible for the livelihood of the elderly mother who suffers from a chronic illness, stressing that the family's livelihood would be at risk in the event of an actual sentence and appealing for leniency.

In addition, through petitions from coworkers and acquaintances, the attorney emphasized the point that the client had been living as a diligent and hardworking member of society.

The court comprehensively recognized the points that the client's blood alcohol concentration was at a relatively low level, that no substantive harm such as a traffic accident occurred, and that serious efforts to prevent recidivism and deep reflection were confirmed.

As a result, a judgment of a suspended sentence was imposed rather than an actual sentence.

Through the professional assistance provided via the drunk driving consultation, the client was able to conclude the case without incident.

1) A precise legal review of the case-specific mitigating factors

Through the drunk driving consultation, factors such as the blood alcohol concentration reading at the time of the incident, the driving route and distance, the circumstances of the crackdown, and whether an accident occurred are comprehensively reviewed from a legal perspective.

On this basis, factors that may be taken into account under the sentencing guidelines are selected and organized in a manner that the court can accept, and submitted as an opinion.

2) Structuring the recidivism prevention efforts and the attitude of reflection

In a drunk driving consultation, the matter does not stop at submitting a letter of reflection, but the completion of drunk driving education, changes in lifestyle habits, and the recidivism prevention plan are organized in a consistent flow.

Accordingly, the materials are systematized so that the court can confirm not a momentary reflection but a continuous will to improve on the part of the client.

3) Establishing the living and economic circumstances that influence the sentencing judgment

Factors such as family support relations, the nature of the occupation, the income structure, and the impact on livelihood in the event of an actual sentence are organized with objective materials.

Through this, the impact that punishment would have not only on the client as an individual but on the entire family is concretely explained and established so that it can be reflected in the sentencing.

If you are concerned about the possibility of an actual sentence due to being detected twice for drunk driving, a professional response from the initial stage is important.

If you wish to learn a strategy tailored to your matter through a drunk driving consultation, 🔗schedule a consultation with a drunk driving attorney to receive assistance.