CONTENTS
- 1. The Story of the Client
- - Statutes Related to a Prior Drunk Driving Record
- 2. A Prior Drunk Driving Record: What Was Daeryun's Defense Strategy?
- - Prior Drunk Driving Record Trial: Emphasizing Consideration of the Client's Health Condition
- - Prior Drunk Driving Record Trial: Emphasizing the Client's Sincere Remorse
- - Prior Drunk Driving Record Trial: Emphasizing the Absence of Any Risk of Reoffending
- 3. A Prior Drunk Driving Record: What Was the Result of Daeryun's Assistance? A ‘Suspended Sentence’
- - If You Are Worried About Being Caught Up in a Drunk Driving Case?
1. The Story of the Client
The story of the client, who came to Daeryun Law Firm while having a prior drunk driving record, is as follows.
The client was an ordinary man in his sixties.
One day, before an afternoon work shift, the client had lunch with an acquaintance he knew well.
At this gathering, the client enjoyed about two glasses of soju with his meal.
He then went to work, finished his duties as usual, and got behind the wheel to return home.
While briefly stopped on the road to make a left turn, the client momentarily mistook the green go-straight signal for a left-turn signal.
He turned the wheel to the left and ended up colliding with an oncoming vehicle traveling straight ahead.
The impact of the accident was considerable. It was severe enough to deploy the vehicle's airbags.
A blood test at the hospital measured a blood alcohol concentration of 0.135%, and a drunk driving charge was applied.
The problem was that this was not the client's first instance of drunk driving.
The client had twice been sentenced to fines for drunk driving in the past.
Having been charged again with the same offense within ten years, and with a personal injury accident also having occurred, he faced a very high likelihood of imprisonment.
The client therefore came to Daeryun Law Firm and requested the assistance of the legal team.
Statutes Related to a Prior Drunk Driving Record
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 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 cases, the driver shall comply with the police officer's measurement.
Road Traffic Act Article 148-2 (Penalty Provisions)
(1) A person who, in violation of Article 44 (1) or (2), was sentenced to a fine or heavier and, within ten years from the date on which that sentence became final, again violates paragraph (1) or (2) of the same Article shall be punished according to the following classifications:
1. A person who violates Article 44 (2) shall be punished by imprisonment for not less than one year but not more than six years, or by a fine of not less than five million won but not more than thirty million won.
2. Among persons who violate Article 44 (1), a person with a blood alcohol concentration of 0.2 percent or higher shall be punished by imprisonment for not less than two years but not more than six years, or by a fine of not less than ten million won but not more than thirty million won.
3. Among persons who violate Article 44 (1), a person with a blood alcohol concentration of not less than 0.03 percent but less than 0.2 percent shall be punished by imprisonment for not less than one year but not more than five years, or by a fine of not less than five million won but not more than twenty million won.
2. A Prior Drunk Driving Record: What Was Daeryun's Defense Strategy?
So that the client with a prior drunk driving record would not be sentenced to imprisonment, the attorneys at Daeryun Law Firm developed a systematic defense strategy.
Prior Drunk Driving Record Trial: Emphasizing Consideration of the Client's Health Condition
The client had about two glasses of soju with his lunch.
He then finished all of his work duties and set out for home in the early evening.
Immediately after the accident, the client complied with the police breath test inside a 119 ambulance.
The blood alcohol concentration confirmed at that time was 0.102%, and the client, startled by such a reading, requested a blood test measurement.
A blood test was therefore conducted at the hospital, and the result, applying the Widmark formula based on the blood test analysis, was 0.135%.
Even though time had passed since the first breath test, a higher reading was obtained instead.
During treatment for the accident, the client learned that his liver enzyme levels were much higher than average, and through a detailed examination he came to realize that he had been suffering from fatty liver disease.
In the case of fatty liver disease, the enzymes secreted by the liver decrease, so the ability to break down alcohol and toxins drops markedly.
The attorneys at Daeryun Law Firm emphasized that the court should take into account the fact that the client's blood alcohol concentration came out higher because of his fatty liver condition.
Prior Drunk Driving Record Trial: Emphasizing the Client's Sincere Remorse
The client humbly admitted all of the charges in this case.
He also cooperated faithfully with the police and prosecution investigations.
Although his blood alcohol concentration came out higher than his actual amount of drinking, he showed remorse, saying that even this was the result of his own wrong choice.
The attorneys at Daeryun Law Firm asked the court to take this attitude into consideration.
Prior Drunk Driving Record Trial: Emphasizing the Absence of Any Risk of Reoffending
The client had a prior conviction for the same type of offense. This could only be a highly unfavorable sentencing factor.
Taking this opportunity, the client recognized that he was an alcoholic and began treatment.
He received counseling and treatment at a relevant treatment center over several months and was preparing for a new life.
He also disposed of his vehicle and resolved never to get behind the wheel again.
In addition, the client had carried out 200 instances of community service over the past twenty years.
His family also earnestly requested leniency for him, and he had a relatively stable social foundation.
He also reached an amicable settlement with the victim.
The attorneys at Daeryun Law Firm emphasized these points and sought leniency for the client.
3. A Prior Drunk Driving Record: What Was the Result of Daeryun's Assistance? A ‘Suspended Sentence’
As a result of Daeryun's active assistance to the client, who had been brought to trial with a prior drunk driving record, the court imposed a suspended sentence on the client.
If You Are Worried About Being Caught Up in a Drunk Driving Case?
As the holiday season gets into full swing, cases of drunk driving being caught are also on the rise.
In particular, if you come under investigation for drunk driving again while having a related prior record, the situation is serious.
Because there is a high likelihood of unfavorable outcomes arising during the investigation and trial, it is recommended to seek the help of an attorney.
At Daeryun Law Firm, a legal team with extensive experience in drunk driving trials works together as one to assist clients according to their circumstances.
If you are struggling with an investigation or trial related to drunk driving, you are welcome to reach out to Daeryun 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.
