[With Attorney Assistance] Suspended Sentence in a Drunk Driving Case with Attorney Assistance

CONTENTS

1. How the Client Came to Seek an Attorney
- - The Client Who Requested an Attorney's Assistance
- - Levels of Punishment for Drunk Driving, Explained by the Attorney
2. The Attorney's Assistance
- - The Attorney Argues That the Defendant Is Reflecting on His Wrongdoing
- - The Attorney Argues That No Harm Resulted from the Defendant's Offense
- - The Attorney Argues That the Defendant Has a Family to Support
3. The Result of the Attorney's Assistance: “Suspended Sentence”

1. How the Client Came to Seek an Attorney

The client, who was caught driving while intoxicated, came to Daeryun's attorney to request assistance.

The Client Who Requested an Attorney's Assistance

The client who requested an attorney's assistance got behind the wheel while intoxicated after a company dinner.

The client was caught in a drunk driving check while driving with a blood alcohol concentration of 0.074 percent.

Having a prior conviction for the same offense, the client was placed in an unfavorable situation by driving while intoxicated again within ten years.

To reduce the punishment, the client came to Daeryun Law Firm's attorney and requested assistance.

Levels of Punishment for Drunk Driving, Explained by the Attorney

For a Repeat Offense Within Ten Years After a Simple Detection of Drunk Driving

A drunk driver who, within ten years of the date a sentence of a fine or heavier became final, again commits drunk driving (including a person whose sentence has lapsed) shall be punished according to the following categories.

Refusal of a police breath measurement request : imprisonment from one to six years, or a fine from 5 million won to 30 million won

Blood alcohol concentration of 0.2 percent or higher : imprisonment from two to six years, or a fine from 10 million won to 30 million won

Blood alcohol concentration of 0.03 percent or higher but below 0.2 percent : imprisonment from one to five years, or a fine from 5 million won to 20 million won

When There Is Reason to Believe a Person Drove While Intoxicated, or When a Breath Measurement Request Is Refused in a Situation Necessary for Traffic Safety and Hazard Prevention

A person for whom there is substantial reason to believe that he or she is in an intoxicated state and who does not comply with a measurement by a police officer : imprisonment from one to five years, or a fine from 5 million won to 20 million won

2. The Attorney's Assistance

The attorney presented arguments to reduce the client's punishment. The attorney emphasized that the client showed a remorseful attitude and that no harm had resulted, and requested leniency.

The Attorney Argues That the Defendant Is Reflecting on His Wrongdoing

The attorney argued that the defendant raised no objection from the time of the detection, cooperated with the enforcement procedure, faithfully participated in the investigation, and was deeply remorseful while recognizing that there was no room for excuse.

The Attorney Argues That No Harm Resulted from the Defendant's Offense

The attorney argued that the defendant had lived as a diligent member of society with no criminal record other than driving-related offenses.

The Attorney Argues That the Defendant Has a Family to Support

The attorney argued that the defendant is raising two young children who are currently in elementary school, and that if the defendant became unable to engage in economic activity, the family's livelihood could face serious difficulty.

3. The Result of the Attorney's Assistance: “Suspended Sentence”

The court, accepting the attorney's arguments, issued a judgment stating, “The defendant shall be sentenced to one year of imprisonment. However, execution of the above sentence shall be suspended for two years from the date this judgment becomes final.” With the attorney's assistance, the client obtained a reduced sentence in the form of a suspended sentence despite this being a repeat drunk driving offense.

If You Wish to Reduce the Punishment for a Repeat Drunk Driving Offense

The case above involved a client who, having a prior conviction for drunk driving, was again caught driving while intoxicated and came to Daeryun Law Firm's attorney.

Because a repeat drunk driving offense can lead to an actual custodial sentence, obtaining the assistance of an experienced attorney can be helpful.

At Daeryun Law Firm, attorneys with extensive experience handling drunk driving cases quickly grasp the case through detailed consultation with the client and work to obtain leniency that may reduce or avoid the level of punishment.

If you wish to reduce the punishment in a situation like the case above, you may entrust your case to Daeryun Law Firm's attorney at any time.

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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