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Deals & Cases

Drunk Driving (DUI)

Gumi Criminal Defense Attorney | Defending a Repeat Drunk Driving Client Against Imprisonment, and the Penalties for Repeat Drunk Driving

A Gumi criminal defense attorney defended a client who came forward after a repeat drunk driving offense against a sentence of imprisonment. Let us look at this case and the penalties for repeat drunk driving.

CONTENTS
  • 1. Gumi Criminal Defense Attorney | The Facts of the Case
  • 2. Gumi Criminal Defense Attorney | Penalties for Repeat Drunk Driving
  • 3. Gumi Criminal Defense Attorney | Defending the Client
    • - Gumi Criminal Defense Attorney | The Client's Confession and Remorse
    • - Gumi Criminal Defense Attorney | The Client's Risk of Reoffending
  • 4. Gumi Criminal Defense Attorney | The Client's Judgment

1. Gumi Criminal Defense Attorney | The Facts of the Case

The client explained that he had committed a repeat drunk driving offense.

To respond promptly, the attorney reviewed the facts of the case.

The client faced the charge of having driven a passenger car over a stretch of about 40km while intoxicated, with a blood alcohol concentration of 0.24%. The client explained that he had attended a company dinner the night before he was caught.

The client had been fined four years earlier when an earlier instance of drunk driving was detected, and he explained that he had not had a drink since then.

Because the dinner was held to celebrate his promotion, he explained that it had been difficult to decline a drink.

The client therefore drank, and after the dinner ended, he called a designated driver and headed home.

After getting some sleep, he took the wheel the next day to go to work, and he explained that as he was almost at the office, there was a police officer conducting a drunk driving checkpoint.

Because a long time had passed since he had been drinking and he had slept, the client took the breath test without any awareness that he had been driving drunk, and his blood alcohol concentration was measured at 0.24%.

The client then came to the attorney, explaining that he was at risk of being punished for repeat drunk driving.

2. Gumi Criminal Defense Attorney | Penalties for Repeat Drunk Driving

The client explained that he was at risk of being punished for repeat drunk driving. In the case of repeat drunk driving, a person may receive a punishment different from that imposed on a first-time offender.

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

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

■ Road Traffic Act, Article 148-2

① A person who, after having been sentenced to a fine or heavier and having had that sentence become final, again violates paragraph (1) or (2) of Article 44 within 10 years from the date the sentence became final (including a person whose sentence has lost its effect) shall be punished according to the following classifications:

1. A person who violates Article 44 (2) shall be punished by imprisonment with labor for not less than 1 year but not more than 6 years, or by a fine of not less than 5 million won but not more than 30 million won.

2. Among persons who violate Article 44 (1), a person whose blood alcohol concentration is 0.2 percent or higher shall be punished by imprisonment with labor for not less than 2 years but not more than 6 years, or by a fine of not less than 10 million won but not more than 30 million won.

3. Among persons who violate Article 44 (1), a person whose blood alcohol concentration is 0.03 percent or higher but lower than 0.2 percent shall be punished by imprisonment with labor for not less than 1 year but not more than 5 years, or by a fine of not less than 5 million won but not more than 20 million won.

A person who reoffends within 10 years from the date on which a sentence of a fine or heavier for drunk driving became final faces a different level of punishment from a first-time offender, and under the Road Traffic Act, such a person is subject to a somewhat heavier punishment as set out above.

The client could therefore be punished by imprisonment with labor for not less than 2 years but not more than 6 years, or by a fine of not less than 10 million won but not more than 30 million won.

3. Gumi Criminal Defense Attorney | Defending the Client

The attorney set about defending the client.

Gumi Criminal Defense Attorney | The Client's Confession and Remorse

The attorney emphasized that the client had fully acknowledged and confessed to the offense in this case.

In addition, the attorney emphasized that the client was sincerely remorseful for having taken the wheel the day after drinking, treating the matter too lightly.

Gumi Criminal Defense Attorney | The Client's Risk of Reoffending

The attorney emphasized that the client posed no risk of reoffending.

The point emphasized was that, even at the time of the incident, the client had called a designated driver and headed home in order to avoid drunk driving, and only drove after sleeping, which showed that he was a person sufficiently aware of the dangers of drunk driving.

4. Gumi Criminal Defense Attorney | The Client's Judgment

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After hearing the attorney's defense, the court issued the following judgment for the client.

The defendant is sentenced to 2 years of imprisonment with labor.

However, the execution of the above sentence is suspended for 3 years from the date this judgment becomes final.

The client had been caught driving drunk with a very high blood alcohol concentration of 0.24%, and he had a record of having been punished four years earlier when an instance of drunk driving was detected.

A sentence of imprisonment therefore seemed unavoidable, but with the attorney's assistance, the client was able to avoid imprisonment and obtain a suspended sentence.

In the case of a repeat offense, the level of 🔗drunk driving punishment becomes heavier, so caution is needed.

If you entrust your case to a Gumi criminal defense attorney, we will find a suitable solution and work toward a favorable outcome.

구미형사사건변호사 | 음주운전재범 의뢰인 징역형 방어, 음주운전재범 처벌 수위는?

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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