CONTENTS
- 1. The Client Who Sought Out the Anyang Criminal Attorney
- - The Circumstances of the Case Reviewed by the Anyang Criminal Attorney
- 2. Anyang Criminal Attorney, Identifying the Grounds of the Prosecutor's Appeal
- 3. Anyang Criminal Attorney, Preparing the Defense to Have the Prosecutor's Appeal Dismissed
- - Anyang Criminal Attorney, Arguing the Client's Deep Remorse
- - Anyang Criminal Attorney, Arguing That the Victim Also Did Not Wish for Punishment
- - Anyang Criminal Attorney, Arguing the Absence of Any Prior Conviction Beyond a Suspended Sentence
- 4. Court Issues a Judgment of ‘Dismissal of Appeal’ With the Assistance of an Anyang Criminal Attorney
- - Responding to a Prosecutor’s Appeal With a Criminal Attorney
1. The Client Who Sought Out the Anyang Criminal Attorney
The client who sought out the Anyang criminal attorney was in a situation where they had received a suspended sentence at the first trial for a drunk driving traffic accident.
However, the prosecutor filed an appeal on the ground of improper sentencing, placing the client at risk of receiving a heavier punishment.
The client requested the Daeryun Anyang criminal attorney's help in having the appeal dismissed, and the attorney promptly began providing assistance.
The Circumstances of the Case Reviewed by the Anyang Criminal Attorney
The client who sought out the Anyang criminal attorney had been indicted on charges of dangerous driving causing injury and a violation of the Road Traffic Act after driving while intoxicated, crossing the center line, and hitting a car waiting at a signal.
The client received a suspended sentence at the first trial and, while taking time to reflect, faced an appeal by the prosecutor on the ground of improper sentencing.
The client was the breadwinner supporting the household, so an actual custodial sentence had to be avoided.
The client therefore requested help from Daeryun, which has numerous success cases related to drunk driving traffic accidents.
Penalties for Dangerous Driving Causing Injury and Drunk Driving Explained by the Anyang Criminal Attorney
■ Act on Aggravated Punishment of Specific Crimes, Article 5-11 (Dangerous Driving Causing Death or Injury)
(1) A person who, in a state in which normal driving is difficult due to the influence of alcohol or drugs, drives a motor vehicle, etc. and causes injury to another person shall be punished by imprisonment for not less than 1 year and not more than 15 years or by a fine of not less than 10 million won and not more than 30 million won, and a person who causes death shall be punished by imprisonment for life or for not less than 3 years.
■ 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.
(4) The standard for the state of intoxication in which driving is prohibited under paragraph (1) shall be a blood alcohol concentration of the driver of 0.03 percent or more.
2. Anyang Criminal Attorney, Identifying the Grounds of the Prosecutor's Appeal
To defend against the client's punishment, the Anyang criminal attorney first reviewed the grounds of the prosecutor's appeal.
The grounds of the prosecutor's appeal in the Anyang criminal case were as follows.
■ Grounds of the Prosecutor's Appeal ■
1. Drunk driving is a crime that can take the life of an innocent person, so a severe penalty is necessary.
2. The client committed drunk driving again despite having a prior record of a fine for drunk driving in 2021. The client's awareness of the law is weak and no remorseful attitude is shown, so a strong penalty is necessary.
3. The client caused injury to the victim through a drunk driving traffic accident.
3. Anyang Criminal Attorney, Preparing the Defense to Have the Prosecutor's Appeal Dismissed
The Daeryun Anyang criminal attorney prepared a defense responding to the grounds of the prosecutor's appeal and set out to defend against the client's punishment.
Anyang Criminal Attorney, Arguing the Client's Deep Remorse
The Anyang criminal attorney argued that the client acknowledged all of their wrongdoing and was sincerely remorseful.
From the early stages of the investigation, the client acknowledged all of the criminal facts and made a firm resolution to prevent reoffending.
The Daeryun Anyang criminal attorney emphasized that, since the original trial had already taken this into account in sentencing, the prosecutor's argument that there was an unlawfulness of improper sentencing was without merit.
Anyang Criminal Attorney, Arguing That the Victim Also Did Not Wish for Punishment
The prosecutor stated that the client caused injury to the victim through a drunk driving traffic accident and that the nature of the offense was therefore serious.
However, from the very next day after the traffic accident, the client sincerely apologized to the victim and sought leniency, and also paid a settlement amount to help the victim recover from the harm.
The victim accepted the client's sincere apology and remorse and prepared a settlement agreement and a statement of no desire for punishment.
The Anyang criminal attorney stated that, since the original trial had taken such circumstances into account, it was difficult to find any unlawfulness in the original sentencing.
Anyang Criminal Attorney, Arguing the Absence of Any Prior Conviction Beyond a Suspended Sentence
The client in the Anyang criminal case had a prior record of a fine for drunk driving, but had never received a prior conviction beyond a suspended sentence.
The Anyang criminal attorney emphasized, based on this fact, that although the client had committed the offense through a momentary mistake, the client was essentially a good person with a strong sense of law-abidingness.
4. Court Issues a Judgment of ‘Dismissal of Appeal’ With the Assistance of an Anyang Criminal Attorney
Accepting the position of the Anyang criminal attorney, the court ruled, “The prosecutor’s appeal is dismissed as without merit.”
The client, who could have received a heavier punishment as a result of the prosecutor’s appeal, was able to successfully defend against punishment with the assistance of the Daeryun Anyang criminal attorney.
Responding to a Prosecutor’s Appeal With a Criminal Attorney
A prosecutor files an appeal in order to seek a heavier sentence.
To defend against an appeal, the prosecutor’s arguments must be rebutted on the basis of legal knowledge.
The criminal attorneys at Daeryun Law Firm draw on legal knowledge built over long experience to defend appellate cases.
If you are facing a prosecutor’s appeal as described above, we recommend requesting the assistance of a Daeryun Anyang criminal attorney.
▶Request assistance with appeal defense from a criminal attorney (click)
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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