CONTENTS
- 1. The client who came to the Ansan attorney
- 2. The gist of the facts charged against the Ansan attorney's client
- - Statutes applicable to the Ansan attorney's client
- 3. The Ansan attorney's defense of the client
- - Ansan attorney emphasizes the client has been sincerely remorseful from the early stage of the investigation
- - Ansan attorney emphasizes the client is making efforts to prevent recurrence
- - Ansan attorney emphasizes the client is responsible for the family's livelihood
- 4. Ansan attorney successfully avoids imprisonment for the client
1. The client who came to the Ansan attorney
The client who came to the Ansan attorney stated that they had a prior record of having already been punished once for drunk driving, and that they had recently again driven after drinking and been caught, facing the risk of imprisonment.
2. The gist of the facts charged against the Ansan attorney's client
The gist of the facts charged against the Ansan attorney's client was as follows.
The client drove a vehicle over a section of approximately 50km while intoxicated, with a blood alcohol concentration of 0.178%.
Statutes applicable to the Ansan attorney's client
Road Traffic Act Article 44 (Prohibition of Driving While Intoxicated)
(1) No person shall drive a motor vehicle, etc. (including construction machinery other than the construction machinery under the proviso to Article 26 (1) of the Construction Machinery Management Act; hereinafter the same shall apply in this Article, Article 45, Article 47, subparagraphs 1 through 4 of Article 93 (1), and Article 148-2), a tram, or a bicycle while intoxicated.
🔗Road Traffic Act Article 148-2 (Penalty Provisions)
(1) A person who, after being sentenced to a fine or heavier punishment for violating Article 44 (1) or (2) (limited to cases of driving a motor vehicle, etc. or a tram; provided that cases of driving a personal mobility device are excluded; hereinafter the same shall apply in this Article) and whose sentence has become final, violates Article 44 (1) or (2) again within 10 years from the date the sentence became final (including a person whose sentence has lapsed) shall be punished according to the following classifications.
3. Among persons who have violated Article 44 (1), a person whose blood alcohol concentration is 0.03 percent or more but less than 0.2 percent shall be punished by imprisonment for not less than 1 year but not more than 5 years or a fine of not less than 5 million won but not more than 20 million won.
The Ansan attorney's client violated Article 44 of the Road Traffic Act by driving a vehicle while intoxicated, and because the client's blood alcohol concentration was 0.178%, they faced the risk of imprisonment for not less than 1 year but not more than 5 years or a fine of not less than 5 million won but not more than 20 million won.
3. The Ansan attorney's defense of the client
The Ansan attorney took up the defense to prevent the client's imprisonment.
Ansan attorney emphasizes the client has been sincerely remorseful from the early stage of the investigation
The Ansan attorney's client has acknowledged their wrongdoing and been sincerely remorseful from the early stage of the investigation.
The client actively cooperated with the police who requested a breathalyzer test and admitted to all of the criminal facts from the investigation stage.
The client has stated that they have no objection to the punishment arising from this case and has consistently acknowledged their wrongdoing and been deeply remorseful from the investigation stage through to this trial.
The Ansan attorney's client has resolved to live without committing any further unlawful acts.
Ansan attorney emphasizes the client is making efforts to prevent recurrence
In order to break the habit of drunk driving, the Ansan attorney's client sold the vehicle used in the drunk driving in this case.
In addition, the client even gave up reacquiring a driver's license so as never to drive again, which shows that there is almost no possibility of reoffending.
Ansan attorney emphasizes the client is responsible for the family's livelihood
The Ansan attorney's client is currently employed at a company and supports the family's livelihood solely on their income.
If the client were to serve a term of imprisonment, the family would face a crisis of survival.
4. Ansan attorney successfully avoids imprisonment for the client
The court, having heard the Ansan attorney's defense, rendered a suspended sentence for the client.
Even though the client was not a first-time offender and committed drunk driving, a crime that poses a great risk of harm to the life, body, and property of others, they were able to avoid imprisonment because of the 🔗Ansan attorney's assistance.
If, like the Ansan attorney's client, you face the risk of imprisonment due to a repeat or multiple drunk driving offenses, a prompt response is necessary.
Daeryun's Ansan office and its specialist attorneys are available to assist you with your case.
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.
