Drunk Driving Attorney Case | Acquittal in a Road Traffic Act Violation Case Through the Drunk Driving Attorney's Assistance

The client who sought out the drunk driving attorney was facing a lawsuit on a charge of violating the Road Traffic Act.

After enjoying daytime drinks with friends for the first time in a while, the client spent some time at a cafe and then, thinking he had sobered up, took the wheel.

The client, who was driving with a friend living in the same neighborhood, pulled over to the shoulder because he urgently needed to use the restroom.

While the client was using the restroom, a police officer conducting a drunk driving checkpoint found the client's parked vehicle suspicious and came to inspect it directly.

Flustered by the police officer's sudden appearance, the passenger friend lied and said that he had been the one driving.

Later, while being questioned by the police, the friend revealed the truth that the client had been driving and reversed his statement, and the client came to face a lawsuit for violation of the Road Traffic Act.

The client then visited Daeryun in order to obtain the assistance of an attorney with extensive experience in drunk driving lawsuits.

▶ 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.

▶ Road Traffic Act Article 148-2 (Penalty Provisions)
③ A person who, in violation of Article 44(1), drives a motor vehicle, etc. or a tram while intoxicated shall be punished according to the following classifications.

1. A person with a blood alcohol concentration of 0.2 percent or higher shall be subject to imprisonment for not less than 2 years but not more than 5 years, or a fine of not less than 10 million won but not more than 20 million won

2. A person with a blood alcohol concentration of 0.08 percent or higher but less than 0.2 percent shall be subject to imprisonment for not less than 1 year but not more than 2 years, or a fine of not less than 5 million won but not more than 10 million won

3. A person with a blood alcohol concentration of 0.03 percent or higher but less than 0.08 percent shall be subject to imprisonment for not more than 1 year, or a fine of not more than 5 million won

The drunk driving attorney argued that there was no accurate data to prove the client's blood alcohol concentration.

When the Widmark formula is used to estimate a blood alcohol concentration, information such as the individual's drinking time and amount consumed must be accurately determined.

There was no accurate evidence to prove the client's drinking time and the amount consumed.

The drunk driving attorney emphasized that, in the absence of clear evidence to establish the client's guilt, the crime could not be recognized.

The drunk driving attorney argued that no harm whatsoever had resulted from the client's drunk driving.

The client was deeply repenting and reflecting on his drunk driving.

Although drunk driving constitutes a serious criminal act, no harm to persons or property occurred.

The drunk driving attorney emphasized that the client had resolved never to drive while intoxicated again, and appealed for leniency.

The client who sought out the drunk driving attorney visited Daeryun in order to defend a lawsuit for violation of the Road Traffic Act.

In response, after accurately grasping the client's case, Daeryun assisted throughout the overall process through constant research and discussion for the defense of the lawsuit.

As a result of the case, the court found that the client's blood alcohol concentration figure was unclear and therefore insufficient to establish the charged facts, and rendered a verdict of acquittal for the client.

If you are in a situation requiring a defense in a drunk driving lawsuit, as in the situation above, please visit 🔗Daeryun Law Firm for a consultation.