[Jeju Attorney Consultation, Suspended Sentence Outcome] Original Judgment Reversed and Suspended Sentence Pronounced Through Jeju Attorney Consultation

As confirmed through the Jeju attorney consultation, the client is a day laborer who makes his living on daily wages and lives while supporting his elderly parents.

After drinking at a meal, the client drove, and he was caught following a sobriety test prompted by a resident's report.

The client already had a history of being caught for drunk driving multiple times, and because a higher level of punishment than before was anticipated in this matter, he came to Daeryun Law Firm.

■ When Simply Caught for Drunk Driving

○ In the case of a repeat offense within 10 years

- Where a person who has driven under the influence commits a repeat drunk driving offense within 10 years from the date on which a sentence of a fine or heavier became final after being imposed (including a person whose sentence has lapsed), that person is punished according to the following classifications

▷ What if you refuse the police's request for a breathalyzer test? Imprisonment for not less than 1 year and not more than 6 years, or a fine of not less than 5 million won and not more than 30 million won

▷ What if the blood alcohol concentration is 0.2% or higher? Imprisonment for not less than 2 years and not more than 6 years, or a fine of not less than 10 million won and not more than 30 million won

▷ What if the blood alcohol concentration is 0.03% or higher and less than 0.2%? Imprisonment for not less than 1 year and not more than 5 years, or a fine of not less than 5 million won and not more than 20 million won

※ Where a long time has passed after the drunk driving so that the alcohol concentration at the time cannot be measured, the Widmark formula is used to calculate the blood alcohol concentration at the time of driving.

The client had a prior history of being punished for the same matter.

The client is aware of the gravity of that wrongdoing, and for that reason, he is repenting deeply.

The client repeatedly admitted his wrongdoing and emphasized that, even so, he had driven a relatively short distance and had caused no personal or property damage.

It was argued that, rather than severe punishment, it might be better for the client to be given the opportunity to live as a sound member of society.

Taking this case as an occasion to no longer break the law or cause harm to society, the client completed traffic safety education and underwent psychological counseling.

The court accepted Daeryun Law Firm's position and pronounced a suspended sentence for the client.

This result was achieved because Daeryun's attorneys conducted detailed consultations with the client in order to obtain a reduction of sentence in the drunk driving matter, and also assisted with the overall procedures of the litigation.

With the assistance of Daeryun's attorneys, although the client faced the risk of an actual custodial sentence due to multiple drunk driving offenses, he was ultimately able to receive a suspended sentence.

If, like the client above, you need a reduction of sentence or a suspended sentence for those who repent of their wrongdoing, a consultation with Daeryun Law Firm may help resolve the issue.