CONTENTS
- 1. Jeju Criminal Law Attorney, the Reason the Client Came
- - The Client's Circumstances as Identified by the Jeju Criminal Law Attorney
- - Statutes Relevant to Drunk Driving Cases as Explained by the Jeju Criminal Law Attorney
- 2. Jeju Attorney Specializing in Criminal Law, Assistance in Defending Against an Actual Sentence
- - Jeju Attorney Specializing in Criminal Law Emphasized That the Client Was Sincerely Remorseful
- - Jeju Attorney Specializing in Criminal Law Emphasized That the Client's Prior Records Were All From Ten Years Ago
- - Jeju Attorney Specializing in Criminal Law Emphasized That the Client Has Dependents to Support
- 3. Jeju Attorney Specializing in Criminal Law Successfully Defended Against an Actual Sentence by Having the Prosecutor's Appeal Dismissed and Obtaining a Suspended Sentence
1. Jeju Criminal Law Attorney, the Reason the Client Came
The client who visited Daeryun's Jeju office to request a consultation with the Jeju attorney specializing in criminal law was at risk of an actual custodial sentence due to drunk driving. This was because he had a record of having received a fine for drunk driving on three prior occasions.
The Client's Circumstances as Identified by the Jeju Criminal Law Attorney
The following is the background to the client's drunk driving as identified by the Jeju attorney specializing in criminal law.
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Having already received fines for drunk driving on three occasions, the client requested a consultation from Daeryun's Jeju attorney specializing in criminal law in order to defend against an actual custodial sentence.
Statutes Relevant to Drunk Driving Cases as Explained by the Jeju Criminal Law Attorney
With the enforcement of the amendment to the Road Traffic Act, aggravated punishment is applied to repeat drunk driving offenses. Let us examine, together with Daeryun, the sentences imposed for repeat drunk driving offenses.
■Information on statutes concerning the punishment of repeat drunk driving offenses
In the case of a repeat offense within ten 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 ten years from the date the sentence became final (including a person whose sentence has lapsed), the punishment shall be in accordance with the following classifications
▣ Road Traffic Act, Article 44 (Prohibition of Driving While Intoxicated)
The standard for the intoxicated state in which driving is prohibited shall be a blood alcohol concentration of the driver of 0.03 percent or higher.
▣ Road Traffic Act, Article 148-2 (Penalty Provisions)
| Blood alcohol concentration of 0.2% or higher | Imprisonment 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 concentration of 0.03% or higher and less than 0.2% | Imprisonment 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 |
| Blood alcohol concentration of 0.03% or higher and less than 0.08% | Imprisonment for not more than 1 year, or a fine of not more than 5 million won |
2. Jeju Attorney Specializing in Criminal Law, Assistance in Defending Against an Actual Sentence
Considering that the client had committed the offense for a fourth time, the Jeju attorney specializing in criminal law had to make every effort to defend against a heavy sentence.
To this end, the attorney examined the circumstances at the time and submitted a letter of reflection and a petition for leniency, among other documents, to request leniency from the court.
Jeju Attorney Specializing in Criminal Law Emphasized That the Client Was Sincerely Remorseful
The client clearly recognized that no explanation or excuse could justify the offense in this case, and the attorney emphasized that the client was repeatedly reflecting and deeply remorseful.
The attorney emphasized that, having sufficiently realized how serious the wrongdoing was, including by writing a handwritten letter of reflection, the client was firmly resolved not to repeat the same mistake again.
Jeju Attorney Specializing in Criminal Law Emphasized That the Client's Prior Records Were All From Ten Years Ago
After being punished for drunk driving in the past, the client reflected deeply and had been careful not to drive under the influence for about ten years.
In order to avoid drunk driving, the client drank as close to home as possible, called a designated driver every time after drinking even a little, and had also called a designated driver immediately before the incident in this case, points which the attorney emphasized.
Jeju Attorney Specializing in Criminal Law Emphasized That the Client Has Dependents to Support
The client has a wife and two children as dependents, and the client supports the entire family.
The attorney emphasized that, if a heavy punishment were imposed on the suspect, the livelihood of the suspect's family would also be placed in difficulty.
3. Jeju Attorney Specializing in Criminal Law Successfully Defended Against an Actual Sentence by Having the Prosecutor's Appeal Dismissed and Obtaining a Suspended Sentence
The Jeju attorney specializing in criminal law succeeded in defending against an actual sentence by having the prosecutor's appeal dismissed as to the suspended sentence pronounced at the first instance, and by obtaining a suspended sentence.
In a Case of Repeat Drunk Driving, Because the Likelihood of an Actual Sentence Is High
This was a case in which, in a situation where an actual sentence was feared after three prior instances of repeat drunk driving, the client received the assistance of Daeryun's Jeju attorney specializing in criminal law and obtained a suspended sentence.
Because of recent amendments to the Road Traffic Act, if a person is caught for repeat drunk driving like the client, it may become difficult to avoid a heavier sentence, so prompt response with the assistance of an attorney specializing in this area is important.
Daeryun Law Firm operates a Drunk Driving and Traffic Accident Group and responds across all areas of traffic crime. This group has many precedents of bringing clients' cases to a favorable outcome, so please feel free to request assistance from a Jeju attorney specializing in criminal law at any time.
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.
