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Deals & Cases

Violation of the Road Traffic Act (drunk driving)

Gwangju Drunk Driving Attorney | A Gwangju Attorney Who Obtained a Suspended Sentence for a Client Who Reoffended Despite a Prior Conviction for Drunk Driving

The Gwangju drunk driving attorney assisted a client who came to a drunk driving attorney after reoffending despite having a prior conviction for drunk driving. With the assistance of the Gwangju drunk driving attorney, the client received a suspended sentence.

CONTENTS
  • 1. Gwangju Drunk Driving Attorney | The Client's Criminal Facts
  • 2. Gwangju Drunk Driving Attorney | The Client's Punishment
  • 3. Gwangju Drunk Driving Attorney | Assistance in the Client's Case
    • - Gwangju Drunk Driving Attorney | Background of the Case
    • - Gwangju Drunk Driving Attorney | Disposition of the Vehicle
    • - Gwangju Drunk Driving Attorney | The Family's Livelihood
  • 4. Gwangju Drunk Driving Attorney | The Judgment

1. Gwangju Drunk Driving Attorney | The Client's Criminal Facts

The Gwangju drunk driving attorney noted that the client had a prior conviction with a fine for drunk driving.

The client requested assistance from the Gwangju drunk driving attorney, stating that they faced the risk of imprisonment after reoffending for drunk driving.

The Gwangju drunk driving attorney examined the facts of the client's offense in order to prevent the client from being sentenced to imprisonment.

The client drove a passenger car owned by them over a stretch of about two kilometers while intoxicated, with a blood alcohol concentration of 0.097 percent.

As a result, the client violated the prohibition against drunk driving again within ten years from the date on which a sentence of a fine or heavier had become final after a previous violation of the prohibition against drunk driving.

The client of the Gwangju drunk driving attorney thus faced the risk of imprisonment based on these facts of the offense.

2. Gwangju Drunk Driving Attorney | The Client's Punishment

■Road Traffic Act Article 44 (Prohibition of Driving While Intoxicated)

(1) No person shall drive a motor vehicle, tram, or bicycle while intoxicated.

The client drove a motor vehicle while intoxicated, in violation of Article 44 of the Road Traffic Act.

■Road Traffic Act Article 148-2 (Penalty Provisions)

(3) A person who has driven a motor vehicle or tram while intoxicated, in violation of Article 44, Paragraph 1, shall be punished according to the following classifications.

2. A person with a blood alcohol concentration of 0.08 percent or more but less than 0.2 percent shall be punished by imprisonment for not less than one year and not more than two years, or by a fine of not less than 5 million won and not more than 10 million won.

As a result, the client faced the risk of imprisonment for not less than one year and not more than two years, or a fine of not less than 5 million won and not more than 10 million won as a 🔗penalty for drunk driving.

3. Gwangju Drunk Driving Attorney | Assistance in the Client's Case

The Gwangju drunk driving attorney assisted the client in the case as follows.

Gwangju Drunk Driving Attorney | Background of the Case

The client of the Gwangju drunk driving attorney had recently broken up with a romantic partner.

Feeling upset, the client drank alcohol, which they had not touched at all since being punished for drunk driving.

After drinking about one bottle of soju, the client needed to head home, but because it was so late, no designated driver was assigned even after the client requested one.

With the complacent thought that driving a short distance might be acceptable, the client took the wheel, drove about two kilometers, and was caught by the police.

Gwangju Drunk Driving Attorney | Disposition of the Vehicle

The client of the Gwangju drunk driving attorney was greatly disappointed in themselves for committing this offense again, having resolved never to drive under the influence again.

With the resolve not only to avoid drunk driving but also to refrain from driving altogether, thereby eliminating any possibility of reoffending, the client disposed of their vehicle.

The client disposed of the vehicle and prepared a pledge of abstinence to prevent reoffending, so it can be seen that there is no longer any room for the client to reoffend.

Gwangju Drunk Driving Attorney | The Family's Livelihood

The client of the Gwangju drunk driving attorney lives with a spouse and two sons.

The client is the only member of the family engaged in economic activity, so if the client were to receive a severe punishment, the family's livelihood could be jeopardized.

4. Gwangju Drunk Driving Attorney | The Judgment

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After hearing the Gwangju drunk driving attorney, the court issued a suspended sentence to the client.

The client faced the prospect of severe punishment as a repeat drunk driving offender, but this result was obtained because the Gwangju drunk driving attorney thoroughly prepared a response strategy.

In the case of a repeat drunk driving offense, because the same type of offense has been committed again, a heavier sentence than expected may be imposed.

If you are in a situation similar to that of the client in this case, you may request a consultation about your case.

광주음주운전변호사 | 음주운전으로 처벌 전과 있음에도 재범한 의뢰인 조력해 집행유예

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.

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