Gwangju Law Firm | A Repeat Drunk Driving Client Avoids an Actual Sentence With the Attorney's Assistance

The client was an ordinary head of household in his forties.

The client, who had been under severe work-related stress, had a drinking gathering with colleagues, and drank more alcohol than the client's usual capacity.

Ordinarily the client would have called a substitute driver, but that day the client lost his memory and ended up taking the wheel himself.

After driving about 500 meters in that state, the client caused an accident by ramming into a car parked at the roadside, and was caught by the police.

In fact, the client's drunk driving was not the first time.

Some ten years earlier, the client had a record of having been sentenced to fines for drunk driving on three occasions.

Because it was the fourth instance of drunk driving, the possibility of an actual sentence was very high, and as the client had to avoid an actual sentence above all, the role of the attorney was very important in this situation.

Road Traffic Act Article 44 (Prohibition of Driving While Intoxicated)

① No person shall drive a motor vehicle, etc., a tram, or a bicycle while intoxicated.

② A police officer may, where it is deemed necessary for the safety of traffic and the prevention of danger, or where there is a reasonable ground to believe that a person has driven a motor vehicle, etc., a tram, or a bicycle while intoxicated in violation of paragraph 1, measure by a breath test whether the driver is intoxicated. In this case, the driver shall comply with the police officer's measurement.

③ With respect to a driver who objects to the result of the measurement under paragraph 2, the measurement may be conducted again by a method such as blood sampling, with the consent of the driver.

④ Pursuant to paragraph 1, the standard for the state of intoxication in which driving is prohibited shall be where the driver's blood alcohol concentration is 0.03 percent or higher.

⑤ Necessary matters, such as the method and procedure of measurement under paragraphs 2 and 3, shall be prescribed by Ordinance of the Ministry of the Interior and Safety.

Road Traffic Act Article 148-2 (Penalty Provisions)

① A person who, having been sentenced to a fine or heavier punishment for a violation of Article 44 (1) or (2) and within 10 years from the date on which that punishment became final again violates paragraph 1 or 2 of the same Article (including a person whose punishment has been invalidated) shall be punished in accordance with the following subparagraphs.

1. A person who violates Article 44 (2) shall be punished by imprisonment for not less than 1 year and not more than 6 years, or by a fine of not less than 5 million won and not more than 30 million won.

2. Among persons who violate Article 44 (1), a person whose blood alcohol concentration is 0.2 percent or higher shall be punished by imprisonment for not less than 2 years and not more than 6 years, or by a fine of not less than 10 million won and not more than 30 million won.

3. Among persons who violate Article 44 (1), a person whose blood alcohol concentration is 0.03 percent or higher and less than 0.2 percent shall be punished by imprisonment for not less than 1 year and not more than 5 years, or by a fine of not less than 5 million won and not more than 20 million won.

② A person for whom there is a reasonable ground to believe that the person is intoxicated and who does not comply with a police officer's measurement under Article 44 (2) shall be punished by imprisonment for not less than 1 year and not more than 5 years, or by a fine of not less than 5 million won and not more than 20 million won.

③ A person who drives a motor vehicle, etc., or a tram while intoxicated in violation of Article 44 (1) shall be punished in accordance with the following subparagraphs.

1. A person whose blood alcohol concentration is 0.2 percent or higher shall be subject to imprisonment for not less than 2 years and not more than 5 years, or a fine of not less than 10 million won and not more than 20 million won

2. A person whose blood alcohol concentration is 0.08 percent or higher and less than 0.2 percent shall be subject to imprisonment for not less than 1 year and not more than 2 years, or a fine of not less than 5 million won and not more than 10 million won

3. A person whose blood alcohol concentration is 0.03 percent or higher and less than 0.08 percent shall be subject to imprisonment for up to 1 year, or a fine of up to 5 million won

The client admitted all of the client's drunk driving charges and cooperated faithfully with the investigation.

In addition, the client had also been enrolled in comprehensive automobile insurance at the time, and had completed all compensation for the vehicle the client had collided with.

After the incident occurred, the client sold the vehicle the client had been operating.

This reflected the client's firm resolve no longer to drive at all.

The client also received treatment for alcohol use. This meant that the client would cut off not only driving but also the act of drinking itself.

Based on these facts, the Gwangju law firm attorney emphasized leniency toward the client.

The client had previously been sentenced to fines on three occasions for drunk driving charges.

However, the time of the last drunk driving detection was about 13 years earlier, and the client had spent more than 10 years duly observing the Road Traffic Act.

It could not be said that the client had habitually engaged in drunk driving, or that there was a risk that the client would habitually engage in drunk driving in the future.

The Gwangju law firm attorney requested that the court consider these circumstances when determining the sentence.

As social awareness of ‘drunk driving’ has changed, the level of punishment imposed by the judiciary for related crimes has also been strengthened.

In the case of repeat drunk driving in particular, a stricter standard is applied, so unfavorable situations may frequently arise during the investigation and trial process.

This is the reason it is important to seek the assistance of an attorney team with abundant relevant experience.

If, as in the case above, you are at risk of an actual sentence due to repeat drunk driving, please reach out to the Gwangju law firm.