[Defense Case by a Gwanggyo Criminal Attorney] A Repeat Drunk-Driving Client Received a Suspended Sentence with the Help of a Gwanggyo Criminal Attorney

This is the account of the client who requested assistance from a Gwanggyo criminal attorney.

The client had dinner with close acquaintances and drank alcohol.

After the meal, the client got behind the wheel while intoxicated.

However, after a report from someone, the police stopped the client and had the vehicle pulled over to the shoulder.

There was no accident while driving, but because this was not the client's first instance of drunk driving, it was difficult to avoid an actual custodial sentence such as imprisonment.

The client therefore came to a Gwanggyo criminal attorney at Daeryun Law Firm to defend against the criminal case for violation of the Road Traffic Act.

Where a simple drunk-driving offense is a repeat offense within 10 years

Where a drunk driver who was sentenced to a fine or a heavier penalty commits drunk driving again within 10 years from the date that sentence became final (including a person whose sentence has lapsed), that person shall be punished according to the following classifications.

• Refusal of a police breathalyzer test: 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
• 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 but 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

Where there are grounds to recognize that drunk driving occurred, or where a breathalyzer test is refused in a situation necessary for traffic safety and the prevention of danger

A person for whom there are substantial grounds to recognize that the person was in an intoxicated state and who does not comply with a measurement by a police officer: 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

The client fully acknowledged his fault in driving based on poor judgment caused by intoxication.

The client argued that, prompted by this incident, he had once again recognized the dangers of drunk driving and had even disposed of the vehicle he had been driving in order to eliminate in advance any possibility of driving.

The client is the head of a household with a spouse and young children.

It was strongly argued that the family had been depending on the client's income for their livelihood.

It was strongly argued that, although driving while intoxicated was a clear mistake by the client, there was no personal or property damage of any kind to any third party.