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Deals & Cases

Violation of the Road Traffic Act (Refusal of a Breathalyzer Test)

Busan Attorney Consultation Case | Successful Reduction of Sentence After a Busan Attorney Consultation in the Face of an Actual Prison Sentence

The client, who requested a Busan attorney consultation, refused a breathalyzer test by the police while having a prior conviction for the same type of offense, and was placed at risk of an actual prison sentence. The client therefore requested a consultation with the attorney at the Busan office.

CONTENTS
  • 1. The Client Who Requested a Busan Attorney Consultation
    • - How You Came to Request a Consultation With a Busan Attorney
    • - Statutes Reviewed in the Busan Attorney Consultation
  • 2. Assistance Provided Through the Busan Attorney Consultation
    • - Argument Through the Busan Attorney Consultation That the Client Had Not Driven Under the Influence for a Long Period
    • - Argument Through the Busan Attorney Consultation That the Client Was Making Efforts to Prevent Reoffending
  • 3. Result of the Busan Attorney Consultation: An Actual Custodial Sentence Was Avoided
    • - If You Are Looking for a Busan Attorney Consultation
  • 4. Summary of the Client's Case From the Busan Attorney Consultation

1. The Client Who Requested a Busan Attorney Consultation

The client, who requested a Busan attorney consultation, refused a breathalyzer test when the police requested it.

Because the client had a prior conviction for the same type of offense, he refused out of fear that the fine would be large.

This case placed the client at risk of an actual prison sentence, and the client therefore came to the Busan office of Daeryun Law Firm and requested a consultation with a drunk driving attorney.

Busan Attorney Consultation

How You Came to Request a Consultation With a Busan Attorney

The Busan office attorney handling drunk driving cases held a consultation with the client and carefully reviewed the circumstances of the client's case.

The client had been drinking with friends at a bar near Sasang Station in Busan.

After the gathering ended, the client called for a designated driver, but the driver was unable to locate the client for more than 20 minutes.

Thinking that the car should be moved to where the designated driver was waiting, the client ended up taking the wheel directly.

The client then collided with a vehicle parked along the road, and a passerby who saw this reported the client to the police.

The officer who responded to the scene asked the client to take a breath test, but the client, who had a prior conviction for the same offense, refused out of fear of punishment.

Through these circumstances the client faced the risk of punishment, and ultimately the client visited the Busan office and requested assistance from a Daeryun Law Firm attorney handling drunk driving cases.

Statutes Reviewed in the Busan Attorney Consultation

Summary of the Client's Case After the Busan Attorney Consultation

The client drove while intoxicated, and in addition refused the officer's breath test, so the client faced the risk of punishment.
Moreover, the client had a prior record of being sentenced to a fine for the same offense.
As a result, the client was in a situation where an actual custodial sentence could be imposed.

Let us review the law related to the client's case.

A police officer may request a breath test as necessary to ensure traffic safety and prevent danger.

In this case the driver must comply with the police officer's breath test.

If a driver breaches this duty to comply with a breath test request, imprisonment for not less than 1 year and not more than 5 years or a fine not exceeding 20 million won may be imposed.

If the driver has been sentenced to a fine or heavier for the same offense within the past 10 years, imprisonment for not less than 1 year and not more than 6 years or a fine of not less than 5 million won and not more than 30 million won may be imposed.

2. Assistance Provided Through the Busan Attorney Consultation

The Daeryun Law Firm attorney handling drunk driving cases, who had been with the client from the Busan attorney consultation onward, established a strategy to reduce the level of punishment for the client.

On this basis, the attorney made the following arguments.

Argument Through the Busan Attorney Consultation That the Client Had Not Driven Under the Influence for a Long Period

The prior drunk driving conviction dated back about 9 years and was quite old.

On this basis, the Busan office attorney handling drunk driving cases emphasized that the client had not driven under the influence during that period and requested a lenient disposition.

Argument Through the Busan Attorney Consultation That the Client Was Making Efforts to Prevent Reoffending

The client showed a sincerely remorseful attitude and repeatedly prepared written pledges never again to take the wheel while intoxicated.

The client also argued that they were making efforts to prevent reoffending, such as completing a drunk driving education program.

3. Result of the Busan Attorney Consultation: An Actual Custodial Sentence Was Avoided

Accepting the arguments prepared by the attorney handling drunk driving cases through the Busan attorney consultation, the court sentenced the client to a fine.

The client, who had faced the prospect of an actual custodial sentence, was relieved to have received a fine instead.

Busan Attorney Consultation

If You Are Looking for a Busan Attorney Consultation

The case above was one in which a client who refused a police breath test while having a prior conviction for the same offense visited the Busan office of Daeryun Law Firm and requested assistance from an attorney handling drunk driving cases.

If, like the situation above, you are looking for an attorney consultation in Busan, please feel free to visit the Busan office of Daeryun Law Firm at any time.

4. Summary of the Client's Case From the Busan Attorney Consultation

The client who had the Busan attorney consultation took the wheel while intoxicated once again despite having a prior conviction for the same offense, and refused the police breath test, which placed the client at risk of an actual custodial sentence.

However, thanks to the Busan office attorney's strong argument that the client was making efforts to prevent reoffending, the client was able to receive a minor fine instead of an actual custodial sentence.

If you are in a situation similar to the client's, we recommend reviewing the case in which a reduction of sentence was obtained in a breath test refusal matter handled by an attorney in drunk driving cases.

# When the Offense of Refusing a Breath Test Is Committed

부산변호사상담 사례 | 실형 위기에서 부산변호사상담 받아 감형 성공

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.

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