CONTENTS
- 1. The Public Official Client
- - Uijeongbu Criminal Attorney Reviews the Circumstances of the Case to Assist the Client
- 2. Uijeongbu Criminal Attorney's Assistance Toward a Reduced Sentence for the Public Official Client
- - Uijeongbu Criminal Attorney's Assistance 1. Arguing the Amount Consumed and the Time Spent Sober
- - Uijeongbu Criminal Attorney's Assistance 2. Pointing Out an Error in the Breathalyzer
- 3. As a Result of the Uijeongbu Criminal Attorney's Assistance, a Suspended Sentence Was Avoided
- - For a Public Official's Drunk Driving, Turn to the Daeryun Uijeongbu Criminal Attorney
1. The Public Official Client
The client who reached out to the Uijeongbu criminal attorney was a public official who had been caught for drunk driving and was in a difficult situation.
Seeking to avoid a sentence of a suspended sentence or heavier, the client requested the help of the Daeryun Uijeongbu criminal attorney.
Uijeongbu Criminal Attorney Reviews the Circumstances of the Case to Assist the Client
The circumstances under which the public official client sought the help of the Uijeongbu criminal attorney are as follows.
After work, the client enjoyed dinner with a drink at a restaurant in downtown Uijeongbu, returned home around 9 p.m., and went to sleep at 10 p.m.
Having drunk only one bottle of soju and gotten enough sleep, the client felt no hangover at all, woke up at 7 a.m. the next morning, and was on his way to work.
However, during a roadside sobriety check on his way to work, a reading of 0.05%, the level for license suspension, was recorded, and he was booked on a charge of drunk driving.
Statutes Related to Drunk Driving Cases Explained by the Uijeongbu Criminal Attorney
■Road Traffic Act, Article 44 (Prohibition of Driving While Intoxicated)
① No person shall drive a motor vehicle, a tram, or a bicycle while intoxicated.
④ Under Paragraph 1, the standard for the intoxicated state in which driving is prohibited is a driver's blood alcohol concentration of 0.03 percent or higher.
| 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. Uijeongbu Criminal Attorney's Assistance Toward a Reduced Sentence for the Public Official Client
Even for a first-time drunk driving offense, a suspended sentence may be imposed where the blood alcohol concentration is high or a serious drunk driving accident occurs.
In particular, a public official such as the client has a duty to protect the rights of the public, so a violation of the law carries strict responsibility along with criminal punishment.
Under the grounds for disqualification in Article 33 of the State Public Officials Act and the automatic retirement provision in Article 69 of the State Public Officials Act, the client could be dismissed.
The Uijeongbu criminal attorney therefore set out to assist in protecting the client's livelihood.
Uijeongbu Criminal Attorney's Assistance 1. Arguing the Amount Consumed and the Time Spent Sober
The Uijeongbu criminal attorney submitted as evidence the written statements of witnesses that the client had drunk only one bottle of soju until 9 p.m. on the day before the breath test and had returned home.
The attorney also argued that the client's usual capacity was more than two bottles of soju, so it was difficult to feel a hangover from drinking one bottle.
The Uijeongbu criminal attorney emphasized that the client had been asleep for nine hours, from 10 p.m. until 7 a.m. the following day.
Uijeongbu Criminal Attorney's Assistance 2. Pointing Out an Error in the Breathalyzer
Through close consultation with the client in the Uijeongbu criminal case, the Uijeongbu criminal attorney found that the client had doubts about the breathalyzer.
At the time of the sobriety check, the client looked at the device and noticed that the date shown on the screen was the date of the day before the incident, which raised the question of whether there was a problem with the breathalyzer itself.
He then raised an objection with the police officer, but the officer only answered that there was no problem and gave no satisfactory explanation, the client explained.
The Uijeongbu criminal attorney immediately conducted an examination of the breathalyzer, and as a result, the officer who conducted the check also acknowledged that the breathalyzer had an error.
On this basis, the Uijeongbu criminal attorney emphasized that ‘the 0.05% reading recorded for the client may have been a reading measured for another person.’
3. As a Result of the Uijeongbu Criminal Attorney's Assistance, a Suspended Sentence Was Avoided
Taking the Uijeongbu criminal attorney's arguments into account, the court imposed a fine on the client.
A suspended sentence would have made it difficult for the client to remain a public official, so with the Uijeongbu criminal attorney's assistance, the client was able to protect his livelihood.
For a Public Official's Drunk Driving, Turn to the Daeryun Uijeongbu Criminal Attorney
Even for a first-time drunk driving offense, the criminal punishment is heavier for a public official, and a sentence such as imprisonment may result in dismissal from the position, so receiving the assistance of a criminal attorney is recommended.
In addition, even for a first-time drunk driving offense, a suspended sentence may be imposed where the blood alcohol concentration is high or a serious drunk driving accident occurs, so a sound early response is needed.
The Daeryun Drunk Driving and Traffic Accident Response Group provides strategies tailored to each client to defend against punishment.
If you need help with a public official's drunk driving matter, please reach out to the Daeryun Uijeongbu criminal attorney.
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.
