CONTENTS
- 1. The Client Who Sought a Suncheon Drunk Driving Attorney
- - How the Client Came to Seek a Drunk Driving Attorney
- 2. Laws Related to the Case as Explained by the Suncheon Drunk Driving Attorney
- 3. The Assistance Provided by the Suncheon Drunk Driving Attorney
- - Suncheon Attorney's Argument I: Settlement With the Victim
- - Suncheon Attorney's Argument II: Efforts to Prevent Reoffending
- - Suncheon Attorney's Argument III: Remorse
- 4. The Court's Decision on the Suncheon Drunk Driving Attorney's Arguments
- - If You Need the Help of a Drunk Driving Attorney
1. The Client Who Sought a Suncheon Drunk Driving Attorney
The client who came to a Suncheon drunk driving attorney had a prior conviction for drunk driving yet committed drunk driving once again, and came to the drunk driving attorney at the Suncheon office seeking to avoid a custodial sentence.
How the Client Came to Seek a Drunk Driving Attorney
A vehicle driver has a duty of care to keep a close watch on the road ahead and the surroundings, maintain a safe distance, and properly operate the braking system in order to prevent traffic accidents.
However, the client drove while intoxicated, with a blood alcohol concentration of 0.0181%, and neglected the duty to keep watch on the road ahead.
As a result, he forcefully collided with the vehicle of the victim, who was proceeding normally in the right-hand lane.
As a result of the accident, the victim sustained injuries requiring approximately three weeks of treatment.
The client had a prior record of committing 🔗drunk driving on two prior occasions, and having caused both personal and property damage, he was in a highly unfavorable situation.
Having committed drunk driving on a total of three occasions, the client sought to avoid a custodial sentence and to conclude the case with a suspended sentence, and requested the assistance of a Suncheon drunk driving attorney.
2. Laws Related to the Case as Explained by the Suncheon Drunk Driving Attorney
In the Case of a Repeat Offense Within 10 Years upon Mere Detection of Drunk Driving
Where a person who has driven under the influence of alcohol is sentenced to a fine or a heavier punishment and that sentence becomes final, and the person commits a repeat offense of drunk driving within 10 years from the date on which the sentence became final (including a person whose sentence has lapsed), the person shall be punished in accordance with the following subparagraphs.
- Imprisonment for not less than 1 year but not more than 6 years, or a fine of not less than 5 million won but not more than 30 million won
▶Blood alcohol concentration of 0.2% or more
- Imprisonment for not less than 2 years but not more than 6 years, or a fine of not less than 10 million won but not more than 30 million won
▶ Blood alcohol concentration of 0.03% or more but less than 0.2%
- 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 Assistance Provided by the Suncheon Drunk Driving Attorney
The Suncheon drunk driving attorney prepared a response suited to the rapidly changing standards for the punishment of drunk driving.
After closely analyzing the mitigating circumstances, the attorney established a systematic strategy and presented the following arguments in seeking leniency.
Suncheon Attorney's Argument I: Settlement With the Victim
In order to remedy the harm suffered by the victim, the client requested assistance from the insurance company immediately after the accident.
Through this, compensation for the victim was partially provided, and separately, the client paid the victim a certain sum and reached an amicable settlement.
Accordingly, the attorney emphasized that the victim had expressed the intention of not wishing for the client to be punished.
Suncheon Attorney's Argument II: Efforts to Prevent Reoffending
After this incident, in order to put an end to drunk driving, the client made certain to use a designated driver service following company gatherings and after drinking.
In addition, the client completed an educational program on the treatment of alcohol dependence, wrote a reflective essay, and also prepared a written pledge to refrain from drunk driving.
The attorney emphasized that the client was making personal efforts not to repeat the same mistake.
Suncheon Attorney's Argument III: Remorse
The client understands better than anyone that his conduct was a crime that admits of no excuse whatsoever.
The attorney emphasized that the client deeply repents and reflects on having engaged in drunk driving as a result of a momentary wrong choice, and that he is firmly resolved never to drive under the influence again.
4. The Court's Decision on the Suncheon Drunk Driving Attorney's Arguments
Accepting the argument of the Suncheon drunk driving attorney, the court ruled, ‘The defendant is sentenced to imprisonment with labor for one year and six months. However, the execution of the above sentence is suspended for three years from the date on which this judgment becomes final.’
If You Need the Help of a Drunk Driving Attorney
In cases involving drunk driving, driving without a license, or hit-and-run accidents, even when a civil and criminal settlement is reached, the insurer may file a reimbursement claim or the prosecutor may bring an indictment, so accurate proof of the facts is necessary.
At Daeryun LLC, a task force of three to twenty specialists in the field of drunk driving and traffic accidents responds to each case in a systematic manner.
Drawing on extensive experience in drunk driving cases, the firm provides clients with prompt and accurate solutions.
If you require the assistance of an attorney, as in the case above, please reach out to Daeryun, which offers consultations and responsive support throughout the year.
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.
