CONTENTS
- 1. The Client Who Came to the Anyang Law Firm
- - How the Client Came to the Anyang Law Firm
- 2. Relevant Statutes Explained by the Anyang Law Firm
- 3. Assistance Provided by the Anyang Law Firm
- 4. The Court's Judgment on the Anyang Law Firm's Arguments
- - If You Need the Assistance of the Anyang Law Firm
1. The Client Who Came to the Anyang Law Firm
The client who came to the Anyang law firm wished to handle the case together with an Anyang law firm that has an attorney specializing in drunk driving, and so requested the assistance of Daeryun's Anyang law firm.
How the Client Came to the Anyang Law Firm
The client in this case works as a professional driver.
One day, the client was operating a vehicle with a blood alcohol concentration of 0.179%, in an intoxicated state.
Being heavily intoxicated, the client forcefully struck the rear bumper of the victim's vehicle, which was stopped at a signal ahead in the direction of Gaeun.
A person who works as a professional driver must not drive while intoxicated and has an occupational duty of care to drive safely and to prevent accidents in advance.
The client neglected this duty, and as a result caused the victim bodily injury requiring approximately three weeks of treatment.
With the assistance of an attorney specializing in this area, the client proceeded with a consultation at the Anyang law firm in order to reduce the sentence as much as possible.
2. Relevant Statutes Explained by the Anyang Law Firm
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, by means of a breath test, measure whether a driver is intoxicated when it is deemed necessary for traffic safety and the prevention of danger, or when there are reasonable grounds to believe that the driver has driven a motor vehicle, etc.,
a tram, or a bicycle while intoxicated in violation of paragraph (1).
In such a case, the driver shall comply with the police officer's measurement.
(3) With respect to a driver who objects to the result of the measurement under paragraph (2), a further measurement may be conducted by means such as the collection of blood, with the consent of that driver.
(4) The standard for the intoxicated state in which driving is prohibited under paragraph (1) shall be a blood alcohol concentration of the driver of 0.03 percent or higher.
(5) Necessary matters, such as the methods and procedures for the measurement under paragraphs (2) and (3), shall be prescribed by Ordinance of the Ministry of the Interior and Safety.
Road Traffic Act Article 148-2 (Penalty Provisions)
(1) A person who, after being sentenced to a fine or heavier punishment for a violation of Article 44 (1) or (2) and within 10 years from the date on which that sentence became final, again
violates paragraph (1) or (2) of the same Article (including a person whose sentence has lapsed) 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 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.
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 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.
3. Among persons who violate Article 44 (1), a person with a blood alcohol concentration of not less than 0.03 percent and less than 0.2 percent shall be punished by 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.
(2) A person who has reasonable grounds to be deemed intoxicated and who does not comply with a police officer's measurement under Article 44 (2) shall be punished by 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.
(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 higher shall be punished by imprisonment for not less than 2 years and not more than 5 years, or a fine of not less than 10 million won and not more than 20 million won
2. A person with a blood alcohol concentration of not less than 0.08 percent and less than 0.2 percent shall be punished by imprisonment for not less than 1 year and not more than 2 years, or a fine of not less than 5 million won and not more than 10 million won
3. A person with a blood alcohol concentration of not less than 0.03 percent and less than 0.08 percent shall be punished by imprisonment for not more than 1 year, or a fine of not more than 5 million won
3. Assistance Provided by the Anyang Law Firm
The Anyang law firm conducted a thorough consultation with the client, analyzed the circumstances both favorable and unfavorable to the client, and established a strategy accordingly.
The firm argued the following points in seeking leniency for the client.
■ Argument of the Anyang law firm: that the client's driving distance was approximately 200 m, meaning he drove a very short distance
■ Argument of the Anyang law firm: that he sincerely regrets having carelessly taken the wheel after drinking
■ Argument of the Anyang law firm: that the client has been steadily undergoing treatment for alcohol abstinence to prevent reoffending
■ Argument of the Anyang law firm: that the client has stable social ties and presents little likelihood of reoffending
4. The Court's Judgment on the Anyang Law Firm's Arguments
The court, accepting the Anyang law firm's arguments, imposed a 'suspended sentence.'
If You Need the Assistance of the Anyang Law Firm
🔗Drunk Driving Traffic Accidents may carry civil, criminal, and administrative liability depending on the extent of the harm, so it is advantageous to obtain the assistance of an attorney specializing in traffic accidents at an early stage of the case.
At Daeryun, attorneys specializing in criminal law jointly handle criminal cases.
If you wish to proceed with your case together with an attorney specializing in traffic accidents, please contact Daeryun, where consultation and prompt response are available 24 hours a day, year round.
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.
