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Deals & Cases

Driving Without a License, Drunk Driving (DUI)

Gumi Drunk Driving Attorney | Defending a Client Charged With Driving Under the Influence Without a License and Successfully Avoiding Imprisonment

The attorney defended a client who came seeking a drunk driving attorney after driving under the influence without a license. This is a case in which the attorney successfully helped the client avoid imprisonment.

CONTENTS
  • 1. The Client's Situation
  • 2. The Client's Charges
    • - The Client's Level of Punishment
  • 3. The Attorney's Defense for the Client
  • 4. The Judgment the Client Received

1. The Client's Situation

This is the case of a client who sought a drunk driving attorney.

The client sought the attorney after driving under the influence without a license, and the facts of the case the attorney reviewed were as follows.

The client explained that on the day of the incident he had a dinner gathering with coworkers, and that because he had not drunk very much, he took the wheel with a careless attitude.

On the way home a minor collision occurred, after which the client contacted his insurer and the police to handle the accident.

The responding officer administered a breath test, and the client's blood alcohol concentration was around 0.15%.

However, the client had been sentenced to a fine or heavier penalty for drunk driving within the previous ten years, and his license had also been revoked.

As a result, the client faced punishment for both driving without a license and drunk driving.

2. The Client's Charges

Drunk Driving Attorney

The client's charges were 🔗driving without a license and drunk driving.

▶Road Traffic Act Article 43 (Prohibition of Driving Without a License, etc.)

No person shall drive a motor vehicle, etc. if he or she has not obtained a driver's license from the Commissioner of a City or Provincial Police Agency under Article 80, or if the effect of his or her driver's license has been suspended.

▶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.

Driving without a license and drunk driving are strictly prohibited under the Road Traffic Act.

The Client's Level of Punishment

If the charges were applied, the client could be punished as follows.

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

① A person who, having been sentenced to a fine or heavier penalty for violating Article 44 (1) or (2) and within ten years from the date such sentence became final, again violates paragraph (1) or (2) of the same Article shall be punished according to the following classifications:

3. A person who violates Article 44 (1) whose blood alcohol concentration is 0.03 percent or more but less than 0.2 percent shall be punished by imprisonment for not less than one year but not more than five years, or by a fine of not less than five million won but not more than twenty million won.

▶Road Traffic Act Article 152 (Penalty Provisions)

A person who falls under any of the following shall be punished by imprisonment for not more than one year or by a fine of not more than three million won.

1. A person who drives a motor vehicle without obtaining a driver's license under Article 80 in violation of Article 43

3. The Attorney's Defense for the Client

The attorney emphasized the following points and requested leniency on behalf of the client.

▶Emphasized that the client confessed to the entire offense and showed remorse

▶Emphasized that the client completed a drunk driving prevention program

▶Emphasized that the client signed a written pledge to never again drive without a license or drive under the influence

▶Emphasized that the distance the client drove without a license while intoxicated was very short

4. The Judgment the Client Received

After hearing the attorney's arguments, the court sentenced the client to a suspended sentence.

Because the client had driven without a license in addition to driving under the influence, the level of punishment was expected to be very high.

However, because the attorney thoroughly analyzed the case, prepared a suitable strategy, and actively assisted with the matter, the client was able to avoid that risk.

If, like the client in this case, you face the risk of punishment for drunk driving, driving without a license, or similar matters, we recommend that you request a 🔗attorney referral right away to seek assistance.

구미음주운전변호사 | 무면허 음주운전한 의뢰인 변호해 징역형 방어 성공

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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