CONTENTS
- 1. The Client
- - The Client's Situation
- - Laws on Repeat Drunk Driving Explained by an Anyang Attorney
- 2. Assistance Provided to the Client
- - Arguing the Client's Remorse
- - Arguing That There Was No Likelihood of the Client Reoffending
- - Arguing That the Client's Driving Distance Was Very Short
- 3. Result: Repeat Drunk Driving Client Successfully Defended With a Fine
1. The Client
The client requested assistance to defend against an actual custodial sentence for a repeat drunk driving offense. In the case of drunk driving, if a person has a record of being punished with a fine or heavier within the past 10 years, the offense is classified as repeat drunk driving, so a more severe penalty was expected.
The Client's Situation
We listened to the client's account.
On the day of the incident, the client had a company dinner with coworkers. During the gathering, one coworker got up early to head home.
As it happened, the client's vehicle was parked in a way that blocked that coworker's vehicle, so the client had to move their own vehicle elsewhere.
Although the client had drunk a fair amount, they took the wheel thinking that driving briefly just to move the car would be fine, and they ended up colliding with another vehicle parked nearby.
The client had received a fine for drunk driving about 8 years earlier, and because this incident made them a repeat drunk driving offender, they sought to defend against an actual custodial sentence.
Laws on Repeat Drunk Driving Explained by an Anyang Attorney
Under the Road Traffic Act, a blood alcohol concentration of 0.03% or higher is regarded as drunk driving.
In addition, if a person has a record of being punished with a fine or heavier for drunk driving within the past 10 years, the offense is classified as a repeat drunk driving offense or higher.
In such cases, a person with a prior drunk driving record naturally receives a more severe penalty than a first-time offender.
▣ Road Traffic Act Article 44 (Prohibition of Driving While Intoxicated)
The standard for the intoxicated state in which driving is prohibited is a driver's blood alcohol concentration of 0.03 percent or higher.
▣ Road Traffic Act Article 148-2 (Penal Provisions) ▶ Aggravated Punishment in the Case of Repeat Drunk Driving
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 |
☞ [Preliminary Review] : Go to Preliminary Review of Drunk Driving Penalty Levels
2. Assistance Provided to the Client
We closely analyzed the circumstances at the time of the client's incident and other favorable circumstances, and because the client had a prior conviction for the same type of offense within 10 years, it was necessary to appeal to the court for leniency.
We then argued the following to the court.
Arguing the Client's Remorse
The client argued that after receiving a fine for drunk driving in the past, they had not driven drunk even once and had always used a designated driver service or a taxi.
To prove this, the client submitted the portions of their card usage records relating to designated driver services and taxi use.
Arguing That There Was No Likelihood of the Client Reoffending
The client argued that they planned to sell their vehicle after this incident and that there would be no room for them to drive a vehicle again going forward.
The client argued that, realizing they had left an indelible wound on their family and caused deep trauma through two drunk driving incidents, they did not even contemplate driving again.
Arguing That the Client's Driving Distance Was Very Short
The client argued that, aside from very minor property damage, their drunk driving caused no casualties or any other accident.
They also argued that the distance driven while intoxicated was only about 5m, so short that it could hardly be regarded as driving at all.
3. Result: Repeat Drunk Driving Client Successfully Defended With a Fine
As a result of conducting the trial for the repeat drunk driving client, the client succeeded in securing a defense resulting in a fine.
As with the client above, if a person has a prior drunk driving record, there is a high likelihood that an actual custodial sentence will be imposed when they reoffend.
Therefore, if you are caught for drunk driving while you have a prior conviction for the same type of offense, consulting an attorney promptly to respond to the case actively can be helpful.
Daeryun operates a Drunk Driving and Traffic Accident Response Group, through which attorneys with extensive experience handling repeat drunk driving cases assist clients.
If you need assistance, please request an Anyang attorney consultation at any time.
☞ [Legal Consultation] : Go to the Drunk Driving and Traffic Accident Response Group Legal Consultation Reservation Page
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.
