CONTENTS
- 1. The Client Who Came to an Ulsan Drunk Driving Attorney
- 2. Drunk Driving as Explained by an Ulsan Drunk Driving Attorney
- 3. The Defense Mounted by the Ulsan Drunk Driving Attorney
- - The Remorse of the Ulsan Drunk Driving Attorney's Client
- - The Prior Record of the Ulsan Drunk Driving Attorney's Client
- - The Financial Situation of the Ulsan Drunk Driving Attorney's Client
- 4. The First-Instance Judgment for the Ulsan Drunk Driving Attorney's Client
- - The Ulsan Drunk Driving Attorney's Defense Against the Client's Appeal
- 5. The Appellate Judgment for the Ulsan Drunk Driving Attorney's Client
1. The Client Who Came to an Ulsan Drunk Driving Attorney
This is the account of the client who came to an Ulsan drunk driving attorney.
The client of the Ulsan drunk driving attorney stated that he had previously received fines on two occasions for drunk driving.
In this case, the client drove a passenger car for about 200m while intoxicated, with a blood alcohol concentration of 0.095%.
This case arose because he again committed drunk driving within 10 years from the date on which a sentence of a fine or heavier for drunk driving became final.
The client of the Ulsan drunk driving attorney faced the risk of imprisonment as a result of this case.
2. Drunk Driving as Explained by an Ulsan Drunk Driving Attorney
Article 44 of the Road Traffic Act (Prohibition of Driving While Intoxicated) ① No person shall drive a motor vehicle, etc., a tram, or a bicycle while intoxicated.
The client of the Ulsan drunk driving attorney drove a passenger car while intoxicated. Under the Road Traffic Act, driving a motor vehicle, etc., while intoxicated is prohibited.
④ The standard for the intoxicated state in which driving is prohibited under paragraph (1) shall be a driver's blood alcohol concentration of 0.03 percent or higher.
The standard for the intoxicated state is a blood alcohol concentration of 0.03% or higher. Because the client's blood alcohol concentration at the time of the incident was 0.095%, he could face the following punishment.
2. A person whose blood alcohol concentration is 0.08 percent or higher but less than 0.2 percent shall be punished by imprisonment for not less than 1 year but not more than 2 years or by a fine of not less than 5 million won but not more than 10 million won
3. The Defense Mounted by the Ulsan Drunk Driving Attorney
The Ulsan drunk driving attorney mounted the following defense for the client.
The Remorse of the Ulsan Drunk Driving Attorney's Client
The client of the Ulsan drunk driving attorney is sincerely remorseful for having committed this offense.
To prevent reoffending, the client even pledged before his family to put an end to drinking and driving without a license.
The Prior Record of the Ulsan Drunk Driving Attorney's Client
More than five years had passed since the drunk driving record of the Ulsan drunk driving attorney's client.
Although it was wrong for the client to have driven drunk on two or more occasions, considering the interval from the previous offense, the degree of blameworthiness may be regarded as relatively low.
The Financial Situation of the Ulsan Drunk Driving Attorney's Client
The client of the Ulsan drunk driving attorney is in a very difficult financial situation, barely getting by while working as a day laborer.
The client has two children, and supporting them requires the client to work without fail. If the client were to receive a prison sentence, not only the client but also the children would fall into a threat to their livelihood.
4. The First-Instance Judgment for the Ulsan Drunk Driving Attorney's Client
The first-instance court, having heard the Ulsan drunk driving attorney, imposed a suspended sentence on the client.
However, the first-instance prosecutor appealed against the client, claiming that the sentence was too lenient,
and the Ulsan drunk driving attorney mounted a defense for the client.
The Ulsan Drunk Driving Attorney's Defense Against the Client's Appeal
In the case of the Ulsan drunk driving attorney's client, the prosecutor argued that the client should receive a prison sentence, contending that the client had a high degree of blameworthiness and a strong likelihood of reoffending because he had reoffended despite a record of being punished for drunk driving on two occasions, and that the recommended sentencing range for this offense under the Supreme Court sentencing guidelines was imprisonment for 8 months to 1 year and 4 months or a fine of 5 million won to 8 million won.
In addition to the efforts to prevent reoffending discussed above, the client of the Ulsan drunk driving attorney recognized that the root cause of the offense lay in his own drinking habits and is undergoing treatment to abstain from alcohol.
As the client is thus making efforts to prevent reoffending, the likelihood that the client will reoffend may be regarded as low.
5. The Appellate Judgment for the Ulsan Drunk Driving Attorney's Client
The court, having heard the Ulsan drunk driving attorney, issued a judgment dismissing the prosecutor's appeal.
The client faced the risk of severe punishment after being caught for drunk driving for the third time, but with the assistance of the Ulsan drunk driving attorney, he was able to avoid that punishment and obtain a suspended sentence.
If you are in a situation facing the risk of 🔗drunk driving punishment like the client in this case, please seek the assistance of a drunk driving attorney.
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