CONTENTS
- 1. How the Client Came to the Jeju Attorney Office
- - The Client Who Requested Assistance from the Jeju Attorney Office
- - Statutes Related to the Case, Explained by the Jeju Attorney Office
- 2. Assistance Provided by the Jeju Attorney Office
- - Jeju Attorney Office Argued That the Client Is Working to Lower the Likelihood of Reoffending
- - Jeju Attorney Office Argued That the Client Could Lose His Job If a Heavy Sentence Were Imposed
- - Jeju Attorney Office Argued That the Client, as the Eldest Son, Must Support His Family in Place of His Ailing Father
- 3. Client Receives a 'Suspended Sentence' Through the Assistance of the Jeju Attorney Office
1. How the Client Came to the Jeju Attorney Office
The client who came to the Jeju Attorney Office had been caught driving under the influence and faced the risk of punishment.
The client had already received a fine once before for drunk driving.
With a heavier sentence anticipated, the client requested assistance from an attorney at the Jeju office in order to reduce the level of punishment.
The Client Who Requested Assistance from the Jeju Attorney Office
The consultation held at the Jeju Attorney Office made it possible to examine the client's case in detail.
The client was a prospective groom preparing for his wedding.
On the day of the incident, he reportedly booked a wedding venue with his girlfriend and drank together to celebrate.
After finishing the meal at the restaurant, the client called for a designated driver.
Because the restaurant was in a remote location, however, no driver was available for more than 15 minutes.
As his girlfriend's home happened to be near the restaurant, the client decided to sleep over at her place.
Thinking carelessly that a short distance would be fine, the client was ultimately caught by police conducting a drunk driving checkpoint.
The client was in an unfavorable position because he already had a prior offense of the same kind.
He therefore requested assistance from an attorney at the Jeju office in order to reduce the level of punishment.
Statutes Related to the Case, Explained by the Jeju Attorney Office
When a drunk driver commits drunk driving again within 10 years after being sentenced to a fine or a heavier penalty, the following punishment applies.
■ For a simple detection of drunk driving
| Refusal of a police request for a breath test | Imprisonment of 1 to 6 years, or a fine of 5 million to 30 million won |
| Blood alcohol concentration of 0.2% or higher | Imprisonment of 2 to 6 years, or a fine of 10 million to 30 million won |
| Blood alcohol concentration of 0.03% or higher but below 0.2% | Imprisonment of 1 to 5 years, or a fine of 5 million to 20 million won |
2. Assistance Provided by the Jeju Attorney Office
The consultation with the client held at the Jeju Attorney Office made it possible to review the client's case closely.
Based on this, the attorney at the Jeju office argued as follows in order to obtain a reduction of the client's sentence.
Jeju Attorney Office Argued That the Client Is Working to Lower the Likelihood of Reoffending
The client regrets his offense and is sincerely reflecting on it.
He has also completed psychological education on the prevention of alcohol-related harm and is working to raise his awareness of drunk driving and to strengthen his respect for the law.
The attorney at the Jeju office argued that the client is working to lower the likelihood of reoffending.
Jeju Attorney Office Argued That the Client Could Lose His Job If a Heavy Sentence Were Imposed
Under the personnel rules of the client's workplace, *imprisonment without labor or a heavier sentence would subject him to disciplinary action.
The attorney at the Jeju office argued strongly that the client could lose his job if a heavy sentence were imposed.
Criminal penalties are classified, by severity, as 'minor fine', 'fine', 'suspension of qualifications', 'detention', 'imprisonment without labor', 'imprisonment with labor', and 'the death penalty'.
Here, 'imprisonment without labor' refers to a penalty that confines a person in prison but does not impose labor.
Jeju Attorney Office Argued That the Client, as the Eldest Son, Must Support His Family in Place of His Ailing Father
The client supports his mother and younger brother in place of his father, whose health has deteriorated.
He also plans to bear all of his father's future medical expenses.
The attorney at the Jeju office argued that the family's livelihood would become acutely difficult if the client were given an actual sentence.
3. Client Receives a 'Suspended Sentence' Through the Assistance of the Jeju Attorney Office
Accepting the arguments prepared by the attorney of the Jeju Attorney Office, the court imposed a suspended sentence and ordered attendance at 40 hours of law-abiding driving lectures.
Although the client was in an unfavorable position after committing drunk driving while having a prior offense of the same kind, he was able to obtain a reduction of his sentence through the assistance of the Jeju Attorney Office.
If You Need a Reduction of a Drunk Driving Sentence
The case above involved a client who had a prior conviction with a fine for drunk driving and was caught again, and who then came to the Jeju Attorney Office.
When a person with a prior offense of the same kind is caught reoffending within 10 years, a heavy sentence may result, so the help of an experienced attorney can be important.
If you are facing difficulties in a situation similar to the case above, you may reach out at any time to Daeryun Law Firm through 🔗Jeju Attorney Consultation Reservation to request handling of your case.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
