CONTENTS
- 1. The Client Who Came to the Tongyeong Drunk Driving Attorney
- 2. The Facts of the Tongyeong Drunk Driving Attorney's Client's Offense
- - Punishment for Drunk Driving Explained by the Tongyeong Drunk Driving Attorney
- 3. The Tongyeong Drunk Driving Attorney's Defense of the Client
- - The Tongyeong Drunk Driving Attorney's Client's Remorse
- - The Tongyeong Drunk Driving Attorney's Client's Blood Alcohol Concentration
- - The Plea of Those Around the Tongyeong Drunk Driving Attorney's Client
- 4. The Judgment of the Tongyeong Drunk Driving Attorney's Client
1. The Client Who Came to the Tongyeong Drunk Driving Attorney
The client who came to the Tongyeong drunk driving attorney already had a prior record of having been punished once for drunk driving,
and requested the assistance of a drunk driving attorney, stating that he was again facing the risk of imprisonment for having driven under the influence once more.
2. The Facts of the Tongyeong Drunk Driving Attorney's Client's Offense
The Tongyeong drunk driving attorney's client had received a summary penal order for the offense of drunk driving several years earlier,
and recently drove a passenger car over a stretch of 30 km while intoxicated, with a blood alcohol concentration of 0.05%.
As a result, the Tongyeong drunk driving attorney's client violated the prohibition on drunk driving, was sentenced to a penalty, and again violated that provision within 10 years from the date that sentence became final by driving a passenger car while intoxicated.
Punishment for Drunk Driving Explained by the Tongyeong Drunk Driving Attorney
Road Traffic Act Article 44 (Prohibition of Driving While Intoxicated)
(1) No person shall drive a motor vehicle, etc. (including construction machinery other than that referred to in the proviso of Article 26 (1) of the Construction Machinery Management Act; hereinafter the same shall apply in this Article and Articles 45, 47, 50-3, 93 (1) 1 through 4, and 148-2), a tram, or a bicycle while intoxicated.
Road Traffic Act Article 148-2
(3) A person who drives a motor vehicle, etc. or a tram while intoxicated in violation of Article 44 (1) shall be punished as classified in the following subparagraphs.
1. A person with a blood alcohol concentration of 0.2 percent or more shall be punished by imprisonment for not less than 2 years and not more than 5 years or by 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 by 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 by a fine not exceeding 5 million won.
Under the Road Traffic Act, it is provided that anyone who drives a passenger car while intoxicated may be subject to 🔗punishment for drunk driving, and the Tongyeong drunk driving attorney's client, with a blood alcohol concentration of 0.05%, was at risk of imprisonment for not more than 1 year or a fine not exceeding 5 million won.
Road Traffic Act Article 82 (Grounds for Disqualification From a Driver's License)
(2) A person who falls under any of the following subparagraphs may not obtain a driver's license until the period prescribed in the relevant subparagraph has elapsed.
A. Where the person has violated Article 44 (1) or (2) two or more times (including cases where Article 43 or Article 96 (3) is also violated)
In addition, because the client had committed a repeat offense of drunk driving, he was in a situation where he could not reobtain a driver's license for 2 years.
3. The Tongyeong Drunk Driving Attorney's Defense of the Client
The Tongyeong drunk driving attorney undertook the defense as follows in order to prevent the client's imprisonment.
The Tongyeong Drunk Driving Attorney's Client's Remorse
The Tongyeong drunk driving attorney's client is deeply remorseful, regardless of the reasons, for having carelessly taken the wheel after drinking.
The client spends each day in a spirit of reflection and is resolved to prevent reoffending.
The Tongyeong Drunk Driving Attorney's Client's Blood Alcohol Concentration
The Tongyeong drunk driving attorney's client had a blood alcohol concentration of 0.05%, which entails a significantly lower degree of culpability than in an ordinary drunk driving case.
Since the client took the wheel about 10 hours after his last drink, it can be seen that he did not even have willful negligence as to drunk driving.
The Plea of Those Around the Tongyeong Drunk Driving Attorney's Client
The Tongyeong drunk driving attorney's client has clear social ties, and those around him, while reproaching the client for his fault, are at the same time resolved to guide him onto the right path and are pleading for leniency for the client.
4. The Judgment of the Tongyeong Drunk Driving Attorney's Client
The court, having heard the Tongyeong drunk driving attorney's submissions, imposed a minor fine on the client.
The client had been at risk of imprisonment as a repeat drunk driving offender, but was able to escape that risk thanks to the assistance of the Tongyeong drunk driving attorney.
Even a first-time offender of drunk driving may face imprisonment, so it is necessary to respond as soon as one is caught.
If you are facing the risk of imprisonment for drunk driving, please reach out to Daeryun Law Firm for assistance.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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