CONTENTS
- 1. The client who came to the Chuncheon law office
- 2. Chuncheon law office: the defense strategy for the client charged with driving without a license and drunk driving (DUI)
- - Chuncheon law office: arguing that the client actively cooperated with the investigation
- - Chuncheon law office: arguing the efforts made to prevent reoffending
- 3. Result of the Chuncheon law office's assistance: successfully protecting against an immediate custodial sentence
1. The client who came to the Chuncheon law office
The client, who requested help from the Chuncheon law office, had been indicted and put on trial for driving without a license and driving under the influence.
In the client's case, because it was a repeat drunk driving offense, it was difficult to avoid severe punishment.
The client came to the Chuncheon law office, asking only to be spared an actual custodial sentence.
Driving without a license and drunk driving (DUI) explained by the Chuncheon law office
Driving without a license and drunk driving fall under the 🔗12 categories of gross negligencethat are stipulated in the Act on Special Cases concerning the Settlement of Traffic Accidents.
If a traffic accident occurs for a reason falling under one of the 12 categories of gross negligence, it is difficult to avoid criminal punishment even if a settlement has been reached with the victim or insurance coverage is in place.
Traffic accidents under the 12 categories of gross negligence
△ Traffic signal violation △ Crossing the center line △ Speeding (exceeding the speed limit by 20 km/h or more) △ Violation of overtaking rules △ Violation of railroad crossing passage rules △ Failure to protect pedestrians at a crosswalk △ Driving without a license △ Drunk driving △ Driving onto a sidewalk △ Violation of the duty to prevent passengers from falling △ Violation of the duty of safe driving in a child protection zone △ Violation of cargo securing measures
In particular, when a person commits driving under the influence without a license after the license has been revoked due to drunk driving, the likelihood of an actual custodial sentence becomes greater.
In the case of drunk driving, the level of punishment varies depending on the blood alcohol concentration, so it is advisable to respond according to the circumstances with the help of a law firm.
2. Chuncheon law office: the defense strategy for the client charged with driving without a license and drunk driving (DUI)
The Chuncheon law office proceeded to defend a client who was a repeat offender for driving without a license and drunk driving.
Chuncheon law office: arguing that the client actively cooperated with the investigation
The Chuncheon law office requested leniency on the ground that the client had testified about his wrongdoing without concealment and had actively cooperated with the investigation.
The day of the incident was the 49th-day memorial for the client's mother.
The family gathered together, drank while missing the client's mother with sorrow, and then he ended up taking the wheel.
Because the distance between the family home and the client's home was a short stretch of about 2 km, he thought it would be fine.
The client acknowledges that, despite having a prior conviction for the same type of offense, he once again committed this wrongdoing.
Above all, because the client well understands how serious his wrongdoing is and knows that it is a criminal act with no room for excuse, he testified to all the facts without concealment in the investigation that followed.
Chuncheon law office: arguing the efforts made to prevent reoffending
The Chuncheon law office argued that the client had sold the vehicle and was making efforts to prevent reoffending.
The client currently works in a rural area, and because public transportation is not well developed in the region, a vehicle is essential for commuting.
Nevertheless, the client resolutely sold the vehicle.
The Chuncheon law office emphasized that, even in an environment where a vehicle is essential, the client resolutely sold the vehicle to prevent reoffending.
3. Result of the Chuncheon law office's assistance: successfully protecting against an immediate custodial sentence
With the assistance of the Chuncheon law office, the client was able to avoid an actual custodial sentence despite reoffending in driving without a license and drunk driving.
The court stated, "Although the fact that the defendant reoffended while unlicensed despite having a prior conviction for the same type of offense reflects a bad nature of the offense, his efforts to prevent reoffending are taken into account."
In cases of driving without a license and drunk driving, depending on the circumstances, not only the Criminal Act but also the Road Traffic Act, the Act on Special Cases concerning the Settlement of Traffic Accidents, and the Act on Aggravated Punishment of Specific Crimes may apply concurrently.
For this reason, because the outcome can vary greatly depending on the initial response, it is best to receive the assistance of a law office.
From the early stage of a case, Daeryun Law Firm provides thorough defense assistance through consultations tailored to the client's situation by an attorney.
If you are looking for a law office in the Chuncheon area, please visit the Daeryun Law Firm 🔗Chuncheon Office.
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.
