CONTENTS
- 1. The Client's Situation
- - The Client Who Requested Assistance From the Mokpo DUI Attorney
- - The Laws Relevant to the Case as Explained by the Mokpo DUI Attorney
- 2. Assistance Provided by the Mokpo DUI Attorney
- - Argument of the Mokpo Drunk Driving Attorney ① | Low Likelihood of Reoffending
- - Argument of the Mokpo Drunk Driving Attorney ② | A Family to Support
- - Argument of the Mokpo Drunk Driving Attorney ③ | An Attitude of Remorse
- 3. Result of the Mokpo Drunk Driving Attorney's Assistance, a “Suspended Sentence”
1. The Client's Situation
The client, facing trial for drunk driving, requested the assistance of the Mokpo DUI attorney in order to avoid an actual custodial sentence at the very least.
The Client Who Requested Assistance From the Mokpo DUI Attorney
This is the account of the client who requested assistance from the Mokpo DUI attorney.
On the day of the incident, the client had drinks with coworkers.
The gathering continued to a second venue, and having drunk more than usual, the client left the bar to head home.
However, at some point the client lost his memory and came to his senses at the sound of someone waking him.
Looking around, he found that he had fallen asleep in his car, and it was a police officer who was waking him.
Because the client had three prior drunk driving offenses, he was in a situation where he could receive an actual custodial sentence.
The client therefore came to the Mokpo DUI attorney and requested a defense against 🔗drunk driving punishment.
The Laws Relevant to the Case as Explained by the Mokpo DUI Attorney
Drunk driving is punishable under the Road Traffic Act, and the level of punishment varies depending on whether the breathalyzer test is refused or how the drunk driving occurred.
In addition, under Article 44 of the Road Traffic Act, the standard for an intoxicated state in which driving is prohibited is a driver's blood alcohol concentration of 0.03 percent or higher.
The punishment for drunk driving applies differently depending on the blood alcohol concentration and whether an accident occurred, and the levels of punishment are as follows.
▶ Blood alcohol concentration of 0.03% or higher to less than 0.08% : imprisonment for not more than one year or a fine not exceeding 5 million won
▶ Blood alcohol concentration of 0.08% or higher to less than 0.2% : 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
In addition, if a person commits drunk driving again within 10 years, the punishment is aggravated under the two-strikes-out rule for drunk driving. The levels of punishment are as follows.
▶ Blood alcohol concentration of 0.03% or higher to less than 0.2% : imprisonment for not less than one year and not more than five years, or a fine of not less than 5 million won and not more than 20 million won
2. Assistance Provided by the Mokpo DUI Attorney
The Mokpo DUI attorney conducted a consultation with the client and examined the circumstances of the case in detail.
The attorney also gathered sentencing materials and established a strategic plan to avoid an actual custodial sentence.
The attorney then earnestly appealed for leniency for the client at trial with the following arguments.
Argument of the Mokpo Drunk Driving Attorney ① | Low Likelihood of Reoffending
The client firmly resolved never to drive under the influence again and sold the vehicle that he owned.
The attorney therefore emphasized that the risk and likelihood of the client driving under the influence again were markedly low.
Argument of the Mokpo Drunk Driving Attorney ② | A Family to Support
The client is currently the head of a household and supports his elderly mother, who suffers from a heart condition.
If the client were to receive a custodial sentence, there would be no one left to care for his ailing mother.
The attorney emphasized that acquaintances who are well aware of these circumstances earnestly petitioned for leniency toward the client.
Argument of the Mokpo Drunk Driving Attorney ③ | An Attitude of Remorse
The client admits to the offense in full and is deeply remorseful.
The attorney emphasized that, because the client had a prior record of the same kind, he had been careful and kept himself in check, yet he deeply blames and regrets having made the same mistake again.
3. Result of the Mokpo Drunk Driving Attorney's Assistance, a “Suspended Sentence”
The court accepted the Mokpo drunk driving attorney's arguments and issued the following judgment: “The defendant is sentenced to one year and six months of imprisonment. However, the execution of the said sentence shall be suspended for three years from the date this judgment becomes final.”
If You Need a Defense Against Drunk Driving Penalties
As with the client in the case above, a person who has driven under the influence again while having a prior record of the same kind may receive a custodial sentence, so it is recommended to respond strategically with the assistance of an attorney.
At Daeryun Law Firm, attorneys with an average of more than 20 years of experience provide active assistance to clients based on data from hundreds of cases.
If you need legal help in a situation like the case above, you may reach out to a Mokpo drunk driving attorney at any time.
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.
