CONTENTS
- 1. How the Client Came to Seek the Pohang Drunk Driving Attorney
- - The Client Who Requested Assistance From the Pohang Drunk Driving Attorney
- - Laws Relevant to the Case, as Explained by the Pohang Drunk Driving Attorney
- 2. The Pohang Drunk Driving Attorney's Assistance
- - The Pohang Drunk Driving Attorney Argued That an Amicable Settlement Had Been Reached With the Victim
- - The Pohang Drunk Driving Attorney Argued That the Defendant Had Disposed of the Vehicle to Block the Possibility of Reoffending
- - The Pohang Drunk Driving Attorney Argued That the Defendant Was Sincerely Remorseful for His Wrongdoing
- 3. The Pohang Drunk Driving Attorney's Result of Assistance, a 'Suspended Sentence'
1. How the Client Came to Seek the Pohang Drunk Driving Attorney
The client who came to the Pohang drunk driving attorney came to Daeryun Law Firm intending to obtain a reduced sentence through an appeal, after driving while intoxicated and receiving an actual prison sentence in the original judgment.
The Client Who Requested Assistance From the Pohang Drunk Driving Attorney
The client who requested assistance from the Pohang drunk driving attorney drove with a blood alcohol concentration of 0.137% while driving under the influence without a license.
While driving, the client struck the victim's parked vehicle and caused an accident.
However, the client left the scene without taking any measures after the accident.
The client had a prior conviction for drunk driving and, on various charges of violating the Road Traffic Act, including driving under the influence without a license and failure to take measures after an accident, had received an actual prison sentence in the original judgment.
In response, the client pursued an appeal in order to escape the risk of an actual prison sentence with the help of the Pohang drunk driving attorney.
Laws Relevant to the Case, as Explained by the Pohang Drunk Driving Attorney
- Where Drunk Driving Is Simply Detected
Where the Offense Recurs Within 10 Years
Where a drunk driver who has been sentenced to a fine or heavier and whose sentence has become final commits a repeat drunk driving offense within 10 years from the date the sentence became final (including a person whose sentence has lapsed), the person is punished according to the following classifications
| Refusal of a police request for a breath test | Imprisonment of at least 1 year and not more than 6 years, or a fine of at least 5 million won and not more than 30 million won |
| Blood alcohol concentration of 0.2% or higher | Imprisonment of at least 2 years and not more than 6 years, or a fine of at least 10 million won and not more than 30 million won |
| Blood alcohol concentration of at least 0.03% and less than 0.2% | Imprisonment of at least 1 year and not more than 5 years, or a fine of at least 5 million won and not more than 20 million won |
- Punishment for Driving Without a License
Imprisonment of not more than 1 year, or a fine of not more than 3 million won
- Punishment for Failure to Take Measures After a Traffic Accident
Imprisonment of not more than 5 years, or a fine of not more than 15 million won
- Level of Punishment for Hit-and-Run
Where a person flees after a traffic accident without taking other measures, such as rescuing the victim, the person is subject to aggravated punishment according to the following classifications
Where the person flees after causing the victim's death, or where the victim dies after the flight | Life imprisonment or imprisonment of at least 5 years |
| Where the person causes injury to the victim | Imprisonment for a definite term of at least 1 year, or a fine of at least 5 million won and not more than 30 million won |
2. The Pohang Drunk Driving Attorney's Assistance
To avoid an actual prison sentence, the Pohang drunk driving attorney emphasized that the client had reached an amicable settlement with the victim and appealed for leniency.
The Pohang Drunk Driving Attorney Argued That an Amicable Settlement Had Been Reached With the Victim
The defendant completed compensation for the damage to the victim.
On this basis, the attorney argued that, through an amicable settlement, the victim does not wish for the defendant to be punished.
The Pohang Drunk Driving Attorney Argued That the Defendant Had Disposed of the Vehicle to Block the Possibility of Reoffending
Regretting his offense and seeking not to repeat the same mistake, the defendant scrapped his vehicle and blocked the possibility of reoffending.
The attorney argued that the defendant has no intention of purchasing a vehicle in the future and is living by using public transportation.
The Pohang Drunk Driving Attorney Argued That the Defendant Was Sincerely Remorseful for His Wrongdoing
The defendant fully acknowledges the facts of his offense and spends each day in deep regret and remorse.
The attorney argued that the defendant pledged never again to drive under the influence without a license and submitted a letter of apology.
3. The Pohang Drunk Driving Attorney's Result of Assistance, a 'Suspended Sentence'
The court accepted the opinion of the Daeryun Law Firm Pohang drunk driving attorney and 'The original judgment is reversed. The defendant is sentenced to 1 year and 6 months of imprisonment. However, the execution of the sentence is suspended for 4 years from the date this judgment becomes final' was the judgment it rendered.
Although the client had received an actual prison sentence for a prior conviction for the same type of offense and for driving under the influence without a license, with the assistance of the Pohang drunk driving attorney, the client was able to succeed in obtaining a reduced sentence to a suspended sentence on appeal.
If You Need a Reduced Sentence for Drunk Driving
The above case was that of a client who received an actual prison sentence for violating various provisions of the Road Traffic Act, including driving under the influence without a license and failure to take measures after an accident.
With the help of the Pohang drunk driving attorney, the client pursued an appeal and was able to reduce the punishment to a suspended sentence.
For a drunk driving traffic accident, the level of punishment varies depending on whether measures were taken after the accident, the extent of the harm, and the presence of prior convictions for the same type of offense. Even a first-time offender may receive an actual prison sentence.
If, as in the above case, you are at risk of an actual prison sentence due to drunk driving, you may entrust your case to the Daeryun Law Firm Pohang drunk driving attorney at any time.
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