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Deals & Cases

Violation of the Road Traffic Act

[Seoul Attorney Defense Case] Client With Three Prior DUIs Avoids a Custodial Sentence Through Counsel's Assistance

The client who sought out a Seoul attorney faced a custodial sentence over a fourth drunk driving offense, and with the assistance of the Seoul attorney, the client received a suspended sentence.

CONTENTS
  • 1. What Brought the Drunk Driving Client to a Seoul Attorney?
    • - The Circumstances of the Drunk Driving Accident as Reviewed by the Seoul Attorney
    • - Drunk Driving Statutes Explained by the Seoul Attorney
  • 2. The Seoul Attorney's Response Strategy to Protect the Client
    • - Seoul Attorney Emphasizes the Client's Sincere Remorse and Low Likelihood of Reoffending
    • - Seoul Attorney Emphasizes That the Client Reached Amicable Settlements With the Victims
    • - Seoul Attorney Emphasizes That the Offense Came 13 Years After the Prior Same-Type Conviction
  • 3. The Result of the Seoul Attorney's Assistance? A “Suspended Sentence”
    • - Facing a Custodial Sentence for a Repeat Drunk Driving Offense?

1. What Brought the Drunk Driving Client to a Seoul Attorney?

The client who came to the Seoul attorney's office had three prior drunk driving offenses, yet was caught driving under the influence once again and requested assistance.

The Circumstances of the Drunk Driving Accident as Reviewed by the Seoul Attorney

The client had three prior fines for drunk driving offenses. Once again, however, the client took the wheel while intoxicated and ultimately caused an accident resulting in injury.

The client already had a record of the same type of offense, and the accident the client caused left a victim with injuries, placing the client in an unfavorable position.

The client therefore sought out the Daeryun Law Firm Seoul attorney in order to reduce the level of punishment.

Drunk Driving Statutes Explained by the Seoul Attorney

The current Road Traffic Act strictly prohibits operating a vehicle while intoxicated. The statutory term “intoxicated state” refers to a blood alcohol concentration of 0.03% or higher.

Road Traffic Act Article 148-2, Paragraph 3

Blood alcohol concentration of 0.03% or more but less than 0.08%

Imprisonment of up to 1 year or a fine of up to 5 million won

Blood alcohol concentration of 0.08% or more but less than 0.2%

Imprisonment of 1 to 2 years or a fine of 5 million to 10 million won

Blood alcohol concentration of 0.2% or more

Imprisonment of 2 to 5 years or a fine of 10 million to 20 million won

2. The Seoul Attorney's Response Strategy to Protect the Client

Daeryun Law Firm formed a performance team of Seoul attorneys with extensive experience in drunk driving cases and sought a way to reduce the level of punishment as much as possible.

Seoul Attorney Emphasizes the Client's Sincere Remorse and Low Likelihood of Reoffending

From immediately after the accident, the client consistently admitted to the offense and expressed remorse. The client also voluntarily surrendered the vehicle and relinquished ownership of it, cooperating actively with the investigation.

In addition, the client had a family to support and had worked diligently at the company, even receiving a service award, so the likelihood of reoffending was also low. The Daeryun Law Firm Seoul attorney asked the court to take these factors into account.

Seoul Attorney Emphasizes That the Client Reached Amicable Settlements With the Victims

The accident the client caused resulted in three victims. Fortunately, the injuries were minor, and the client reached amicable settlements with the victims.

The victims also submitted documents requesting leniency for the client. The Seoul attorney noted that the client's accident did not result in serious casualties such as death or grave injury, and that settlements with the victims had been concluded.

Seoul Attorney Emphasizes That the Offense Came 13 Years After the Prior Same-Type Conviction

The client had been sentenced to fines on three occasions for drunk driving offenses. The last time the client was caught, however, was 13 years earlier, and the client had complied well with the Road Traffic Act for a long time.

The Seoul attorney team repeatedly emphasized that the client had made considerable efforts not to take the wheel while intoxicated.

3. The Result of the Seoul Attorney's Assistance? A “Suspended Sentence”

While acknowledging the seriousness of the matter, the court cited the client's remorse and admission of wrongdoing, as well as the victims' wish not to see the client punished, and imposed a “suspended sentence.”

Facing a Custodial Sentence for a Repeat Drunk Driving Offense?

Although the client in the case above had several prior offenses of the same type, the client was able to avoid a custodial sentence with the assistance of the Daeryun Law Firm Seoul attorney.

In repeat drunk driving cases in particular, the position is often unfavorable during the investigation and trial, so the help of an experienced attorney can be important.

Daeryun Law Firm forms performance teams of attorneys with substantial experience in drunk driving trials and assists clients in a systematic manner.

If, as in the case above, you face a custodial sentence for a repeat drunk driving offense, you may consult with an attorney at the Daeryun Law Firm Seoul office.

[서울변호사 방어사례] 음주운전 3회 전력 의뢰인, 변호인 조력으로 실형 면해

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.

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