CONTENTS
- 1. How the Client Came to Seek the Ilsan Attorney Specializing in Criminal Law
- - The Client Who Requested Assistance
- - Statutes Related to the Case
- 2. The Ilsan Attorney Specializing in Criminal Law's Assistance
- - Argument That the Possibility of a Repeat Offense Has Been Eliminated
- - Argument That There Is a Business for Which the Defendant Is Responsible
- - Argument That Acquaintances and Family Members Are Hoping for Leniency
- 3. The Result of the Ilsan Attorney Specializing in Criminal Law's Assistance, “Suspended Sentence”
1. How the Client Came to Seek the Ilsan Attorney Specializing in Criminal Law
The client who sought the Ilsan attorney specializing in criminal law had a record of 5 prior drunk driving offenses and was again caught for drunk driving, receiving a sentence of imprisonment in the trial of first instance.
The client, who sought to reduce the punishment through an appeal, requested assistance from the attorney specializing in criminal law at the Ilsan office.
The Client Who Requested Assistance
This is the account of the client who requested assistance from the Ilsan attorney specializing in criminal law.
After a family gathering, the client took the wheel while intoxicated and was caught in a police crackdown.
Due to 5 prior drunk driving offenses and a high blood alcohol level, the client was ultimately sentenced to imprisonment in the trial of first instance.
The client therefore entrusted the case to the Ilsan attorney specializing in criminal law, hoping to be released through an appeal.
Statutes Related to the Case
In the Case of a Repeat Offense Within 10 Years
If a drunk driver is sentenced to a fine or a heavier penalty and again commits a repeat drunk driving offense within 10 years from the date the sentence becomes final (including a person whose sentence has lapsed), the offender shall be punished according to the following classifications:
| Refusal of a police request for a breathalyzer test | Imprisonment with labor 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 |
| Blood alcohol level of 0.2% or higher | Imprisonment with labor 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 |
| Blood alcohol level of 0.03% or higher and below 0.2% | Imprisonment with labor 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 |
2. The Ilsan Attorney Specializing in Criminal Law's Assistance
The Ilsan attorney specializing in criminal law made the following arguments for mitigation in order to reduce the client's sentence.
Argument That the Possibility of a Repeat Offense Has Been Eliminated
The defendant voluntarily enrolled in psychological counseling and also signed a pledge to refrain from drunk driving.
In addition, the attorney emphasized that the defendant had disposed of his own vehicle in order to fundamentally eliminate the possibility of a repeat offense.
Argument That There Is a Business for Which the Defendant Is Responsible
The defendant is the chief executive who operates a business, and the company's management situation is rapidly deteriorating in the defendant's absence.
The attorney emphasized that, as a result, the livelihoods of the executives and employees are becoming difficult.
Argument That Acquaintances and Family Members Are Hoping for Leniency
The defendant is the head of a household who, after a divorce, is raising a young child alone, and his parents are also suffering from chronic illnesses.
The attorney emphasized that the defendant's family members and acquaintances had earnestly written petitions hoping for leniency for the defendant.
3. The Result of the Ilsan Attorney Specializing in Criminal Law's Assistance, “Suspended Sentence”
The court rendered the following judgment: “The judgment of the trial of first instance is reversed. The defendant is sentenced to imprisonment with labor for 6 months. However, the execution of the above sentence is suspended for 2 years from the date this judgment becomes final.”
If You Have Committed a Repeat Drunk Driving Offense
The above case concerned a client who was caught with 5 prior drunk driving offenses and a high blood alcohol level and received an actual custodial sentence.
The client was able to conclude the case by receiving a suspended sentence through the assistance of the Ilsan attorney specializing in criminal law.
Drunk driving may result in an actual custodial sentence depending on the blood alcohol level, prior record, and whether an accident occurred.
Therefore, if you have been caught for drunk driving, it is advisable to seek the assistance of an attorney specializing in this field in order to reduce the punishment.
At Daeryun Law Firm, attorneys specializing in this field, who have handled numerous drunk driving and traffic cases and possess extensive experience, work to lead cases toward the greatest possible leniency.
If you are in a situation requiring mitigation in a drunk driving case, as in the case above, please request a consultation with the Ilsan attorney specializing in criminal law at Daeryun Law Firm.
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.
