Mokpo Law Office Defense Case | Mokpo Law Office Secures a Reduced Penalty in a Drunk Driving Matter, Resulting in a Fine

The Mokpo Law Office conducted a consultation to accurately understand the case of the client who needed a reduced penalty for drunk driving.

During the holiday season, the client went on a trip to a nearby valley with friends.

The client enjoyed the holiday at the valley, playing in the water and having good food along with alcohol.

As the sun set and the air grew cool, the client needed to return to the lodging and drove under the influence, mistakenly believing it would be fine because the distance was short.

The client was caught in a drunk driving check not long after, and came to Daeryun's Mokpo Law Office seeking to reduce the penalty through a defense.

■ Drunk Driving Statutes Explained by the Mokpo Law Office

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

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

Road Traffic Act Article 148-2 (Penalty Provisions)
(3) A person who drives 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 with a blood alcohol concentration of 0.2 percent or more shall be punished by imprisonment for not less than two years but not more than five years or by a fine of not less than 10 million won but not more than 20 million won;
2. A person with a blood alcohol concentration of not less than 0.08 percent but less than 0.2 percent shall be punished by imprisonment for not less than one year but not more than two years or by a fine of not less than 5 million won but not more than 10 million won;
3. A person with a blood alcohol concentration of not less than 0.03 percent but less than 0.08 percent shall be punished by imprisonment for not more than one year or by a fine of not more than 5 million won.

The Mokpo Law Office argued that the blood alcohol concentration at the time the client was caught differed from the figure recorded in the indictment.

At the time of being caught in the drunk driving check, the client had photographed and kept a record of their own blood alcohol concentration figure.

Upon reviewing the report on the circumstances of the intoxicated driver prepared immediately after the client was caught, it became clear that the client's figure had been altered to a much higher value than the original.

All investigation records and the indictment prepared thereafter also recorded the higher figure.

In response, Daeryun's Mokpo attorney requested a factual inquiry from the police officer in charge of the client's drunk driving check regarding how the blood alcohol concentration had been altered.

The Mokpo Law Office argued that the client had a strong determination to prevent reoffending.

The client did not stop at showing remorse internally but visited a private education institution on their own initiative.

The client completed drunk driving recidivism prevention education, recidivism prevention psychological education, and law-abiding spirit reinforcement education, and wrote a handwritten reflection on the experience.

The Mokpo attorney submitted the client's written reflection as supporting material and appealed that the client was showing deep remorse.

The Mokpo Law Office formed a case team of Mokpo attorneys experienced in litigation for the client who came seeking a reduced penalty for drunk driving.

Daeryun's Mokpo attorney argued that the blood alcohol concentration figure had been altered and that the client was showing deep remorse, among other points, and appealed for leniency for the client.

As a result of the proceedings, the court accepted the Mokpo Law Office's arguments and imposed a small fine on the client.

If you need to defend against drunk driving proceedings like the client above, please visit Daeryun Law Firm's Mokpo Law Office at any time for a consultation.