CONTENTS
- 1. The Client Who Sought a Gunsan Drunk Driving Attorney
- 2. The Level of Punishment Examined by the Gunsan Drunk Driving Attorney
- - Refusal of a Breathalyzer Test as Examined by the Gunsan Drunk Driving Attorney
- - Failure to Take Measures After an Accident as Examined by the Gunsan Drunk Driving Attorney
- 3. The Defense Undertaken by the Gunsan Drunk Driving Attorney
- - The Client of the Gunsan Drunk Driving Attorney Is Remorseful
- - The Client of the Gunsan Drunk Driving Attorney Supports the Family Alone
- - The Client of the Gunsan Drunk Driving Attorney Is Making Efforts to Prevent Reoffending
- 4. The Judgment for the Client of the Gunsan Drunk Driving Attorney
1. The Client Who Sought a Gunsan Drunk Driving Attorney
The client who sought out the Gunsan drunk driving attorney requested assistance, stating that the client was facing charges of refusal of a breathalyzer test and failure to take measures after an accident.
In order to assist with the client's case, the Gunsan drunk driving attorney set out to understand the matter, and the facts of the alleged offense were as follows.
The client was driving a vehicle owned by the client, and someone reported the client's vehicle as a suspected drunk driving vehicle, so the police requested that the client comply with a breathalyzer test.
Nevertheless, the client shouted and resisted, and without justifiable grounds, the client did not comply with the police request for a breathalyzer test.
In addition, after refusing the breathalyzer test, the client drove with the intent to flee, struck the median strip of the road, and left the scene without stopping.
As a result, the client came to face charges of refusal of a breathalyzer test and failure to take measures after an accident.
2. The Level of Punishment Examined by the Gunsan Drunk Driving Attorney
The Gunsan drunk driving attorney examined the level of punishment that the client could face.
Refusal of a Breathalyzer Test as Examined by the Gunsan Drunk Driving Attorney
The client of the Gunsan drunk driving attorney did not comply with the police request for a breathalyzer test, and under the Road Traffic Act, a person who does not comply with a police breathalyzer test is subject to punishment.
■Road Traffic Act Article 44 (Prohibition of Driving While Intoxicated)
② Where a police officer deems it necessary for the safety of traffic and the prevention of danger, or where there are reasonable grounds to believe that a person has driven a motor vehicle or similar vehicle while intoxicated in violation of paragraph 1, the police officer may measure by means of a breath test whether the driver is intoxicated. In such cases, the driver shall comply with the police officer's measurement.
■Road Traffic Act Article 148-2 (Penalty Provisions)
② A person for whom there are reasonable grounds to believe that the person is in an intoxicated state and who does not comply with a police officer's measurement shall be subject to imprisonment with labor 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.
Failure to Take Measures After an Accident as Examined by the Gunsan Drunk Driving Attorney
The client of the Gunsan drunk driving attorney struck the median strip of the road with the vehicle yet left the scene without taking any measures, and under the Road Traffic Act, a person who 🔗fails to take measures after an accident occurs is subject to punishment.
■Road Traffic Act Article 54 (Measures at the Time of an Accident)
① Where a person is killed or injured or property is damaged (hereinafter referred to as a “traffic accident”) due to traffic such as the driving of a vehicle or tram, the driver of that vehicle or tram or other crew member (hereinafter referred to as a “driver, etc.”) shall immediately stop and take the following measures.
1. Necessary measures such as rescuing the casualties
2. Provision of personal information to the victim (referring to name, telephone number, address, etc.; the same shall apply in Article 148 and Article 156 subparagraph 10 below)
■Road Traffic Act Article 148 (Penalty Provisions)
A person who fails to take the measures at the time of a traffic accident under Article 54 paragraph 1 shall be subject to imprisonment with labor for not more than 5 years or a fine of not more than 15 million won.
3. The Defense Undertaken by the Gunsan Drunk Driving Attorney
The Gunsan drunk driving attorney set out to defend the client.
The Client of the Gunsan Drunk Driving Attorney Is Remorseful
The client of the Gunsan drunk driving attorney reflected on the matter and realized how serious the wrongdoing had been.
Firmly resolving never to reoffend, the client also wrote a letter of reflection.
The Client of the Gunsan Drunk Driving Attorney Supports the Family Alone
The client of the Gunsan drunk driving attorney is the sole provider for the entire family.
If a heavy punishment were imposed on the client, the livelihood of the client's family would also be placed in jeopardy.
The Client of the Gunsan Drunk Driving Attorney Is Making Efforts to Prevent Reoffending
The client of the Gunsan drunk driving attorney came to recognize the fact that the wrongdoing caused harm to many people.
In order to prevent reoffending, the client went so far as to dispose of all of the client's vehicles.
In this way, the client of the Gunsan drunk driving attorney is making substantial efforts not to reoffend.
4. The Judgment for the Client of the Gunsan Drunk Driving Attorney
The client of the Gunsan drunk driving attorney received a very minor fine.
The client refused the police breathalyzer test, fled to avoid it, struck the median strip, and left the scene without taking any measures, and thus was at risk of being severely punished.
However, with the assistance of the Gunsan drunk driving attorney, the client was able to overcome that risk.
Because drunk driving can lead to serious accidents, it is punished severely, so it is important to respond as soon as one faces a charge.
If you find yourself in a situation similar to that of the client, please entrust your case to Gunsan Daeryun Law Firm, which has a 🔗drunk driving attorney.
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.
