CONTENTS
- 1. The Client Who Came to the Uijeongbu Criminal Attorney
- - How the Client Came to the Uijeongbu Criminal Attorney
- 2. Statutes Relevant to the Case as Explained by the Uijeongbu Criminal Attorney
- 3. The Assistance Provided by the Uijeongbu Criminal Attorney
- - The Uijeongbu Criminal Attorney Emphasizes That the Client Disposed of the Vehicle
- - The Uijeongbu Criminal Attorney Emphasizes That the Client Is Deeply Remorseful
- - The Uijeongbu Criminal Attorney Emphasizes That the Client's Acquaintances Hope for Leniency
- 4. The Court's Decision on the Uijeongbu Criminal Attorney's Arguments
- - If You Need the Help of a Uijeongbu Criminal Attorney
1. The Client Who Came to the Uijeongbu Criminal Attorney
The client who came to the Uijeongbu criminal attorney had two prior drunk driving records and yet committed drunk driving again.
As a result, the client was placed at risk of detention.
Hoping to avoid an actual custodial sentence, the client requested assistance from a Uijeongbu criminal attorney.
How the Client Came to the Uijeongbu Criminal Attorney
The client in this case had dinner with a coworker after work.
After drinking, the client came out of the restaurant to head home.
The client was in an intoxicated state with a blood alcohol concentration of 0.119 percent, but with the complacent thought, "Surely it will be fine," committed drunk driving once again.
At around 8 p.m., while driving home under the influence, the client struck a curb and the tire was damaged.
The client therefore judged that further driving would be impossible, and decided to sleep at a nearby motel.
While the client was sleeping at the motel, police suddenly came in and questioned the client about the drinking.
In the end, the client's offense was discovered. The client had two prior drunk driving records, and yet
committed drunk driving once again, which placed the client in a situation where it was difficult to avoid an actual custodial sentence.
Hoping to avoid an actual custodial sentence, the client came to the Uijeongbu criminal attorney.
2. Statutes Relevant to the Case as Explained by the Uijeongbu Criminal Attorney
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 are reasonable grounds 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 means of a breath test whether the driver is intoxicated.
In such a case, the driver shall comply with the measurement by the police officer.
(3) A driver who objects to the result of the measurement under paragraph (2) may be measured again by means such as a blood draw, with the consent of that driver.
(4) The standard for the intoxicated state in which driving is prohibited under paragraph (1) shall be a case in which the driver's blood alcohol concentration is 0.03 percent or higher.
(5) Necessary matters such as the method and procedure for the 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 violated Article 44 (1) or (2) and having been sentenced to a fine or heavier punishment that became final, again violates the same Article
paragraph (1) or (2) within 10 years from the date on which the sentence became final (including a person whose sentence has lost its effect) shall be punished according to the following classifications.
1. A person who has violated 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 have violated 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 have violated Article 44 (1), a person whose blood alcohol concentration is not less than 0.03 percent 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 are reasonable grounds to believe that the person is in an intoxicated state and who does not comply with the measurement by a police officer 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 has driven a motor vehicle, etc. or a tram while intoxicated in violation of Article 44 (1) shall be punished according to the following classifications.
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 5 years, or by a fine of not less than 10 million won and not more than 20 million won
2. A person whose blood alcohol concentration is not less than 0.08 percent and less than 0.2 percent shall be punished by imprisonment for not less than 1 year and not more than 2 years, or by a fine of not less than 5 million won and not more than 10 million won
3. A person whose blood alcohol concentration is not less than 0.03 percent and less than 0.08 percent shall be punished by imprisonment for not more than 1 year or by a fine not exceeding 5 million won
3. The Assistance Provided by the Uijeongbu Criminal Attorney
The Uijeongbu criminal attorney provided assistance by devising a systematic strategy in order to obtain a 'suspended sentence' in the client's case.
The Uijeongbu criminal attorney emphasized the following points.
The Uijeongbu Criminal Attorney Emphasizes That the Client Disposed of the Vehicle
The Uijeongbu criminal attorney emphasized that the client, with the intention of never committing drunk driving again, disposed of the vehicle,
and that, with a more proactive intention, the client received psychological counseling treatment at an alcohol-abstinence clinic at a counseling center on a total of six occasions.
The attorney argued that the client had also completed drunk driving recidivism prevention education and had received an opinion from a counselor that there was no concern of reoffending.
The Uijeongbu Criminal Attorney Emphasizes That the Client Is Deeply Remorseful
The Uijeongbu criminal attorney emphasized that the client felt very ashamed of having committed drunk driving as many as three times, was deeply repentant,
and had written a letter of reflection.
The attorney also emphasized that the client acknowledged all of the offense and had faithfully participated in the investigative agency's examination process.
The Uijeongbu Criminal Attorney Emphasizes That the Client's Acquaintances Hope for Leniency
The Uijeongbu criminal attorney emphasized that 35 of the client's family members and coworkers were as saddened by this incident as the client's family, and
that they had expressed their intention to watch over and encourage the client so that they would not commit the same offense again.
4. The Court's Decision on the Uijeongbu Criminal Attorney's Arguments
The Uijeongbu criminal attorney's arguments were accepted by the court, which pronounced a 'suspended sentence'.
If You Need the Help of a Uijeongbu Criminal Attorney
For drunk driving, it is difficult to avoid an actual custodial sentence even for a first offense.
Moreover, in the case of a repeat drunk driving offense, there is a very high possibility of aggravated punishment and the imposition of a heavy sentence.
For this reason, if you have committed drunk driving, it is advantageous to obtain the assistance of an attorney specializing in criminal matters at the early stage of the case.
At Daeryun Law Firm, attorneys specializing in criminal matters jointly handle criminal cases, so the firm responds to criminal cases with greater specialization.
If you need the help of an attorney specializing in criminal matters in a situation similar to this case,
please reach out to Daeryun Law Firm, which provides consultation and prompt response 24 hours a day, 365 days a year.
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