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Deals & Cases

Violation of the Road Traffic Act (Drunk Driving)

Pyeongtaek Drunk Driving Attorney | A Case of Defending a Client Against Criminal Punishment for Drunk Driving

A Pyeongtaek drunk driving attorney defended a client who sought a drunk driving attorney's assistance after driving under the influence. This case introduces how the client was defended against criminal punishment through the assistance of a Pyeongtaek drunk driving attorney.

CONTENTS
  • 1. The Client's Situation
  • 2. The Charge Against the Pyeongtaek Drunk Driving Attorney's Client
    • - The Level of Punishment for the Pyeongtaek Drunk Driving Attorney's Client
  • 3. The Defense Mounted by the Pyeongtaek Drunk Driving Attorney
    • - Pyeongtaek Drunk Driving Attorney: “The Client Acknowledges the Charge and Shows Remorse”
    • - Pyeongtaek Drunk Driving Attorney: “The Client Had No Criminal Intent”
  • 4. The Judgment the Client Received with the Pyeongtaek Drunk Driving Attorney

1. The Client's Situation

The client explained that they faced the risk of criminal punishment for drunk driving.

The client explained that they had been drinking with friends they had not seen in a long time. After the gathering ended, they called a designated driver to go home.

The designated driver parked the car in the parking lot in front of the client's home, and the client, unable to fight off the drowsiness that came over them, briefly fell asleep in the car.

About an hour later, the client woke up and, still half-asleep, started the car without realizing it and headed to a convenience store near their home.

The drinking was detected by a police officer who was conducting a drunk driving check nearby, which led to this case.

The client requested help in defending against criminal punishment, explaining that the driving distance was less than 10 meters.

2. The Charge Against the Pyeongtaek Drunk Driving Attorney's Client

Pyeongtaek Drunk Driving Attorney

The Pyeongtaek drunk driving attorney's client faced the risk of criminal punishment on a charge of drunk driving. Drunk driving is strictly prohibited under the Road Traffic Act.

▶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.

④ The standard for the state of intoxication that is prohibited from driving under paragraph (1) is a blood alcohol concentration of 0.03 percent or higher.

The Level of Punishment for the Pyeongtaek Drunk Driving Attorney's Client

The client's blood alcohol concentration at the time of the breath test was 0.12 percent. Under the Road Traffic Act, the client faced the risk of receiving the following level of punishment.

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

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

2. A person with a blood alcohol concentration of 0.08 percent or higher but lower than 0.2 percent: imprisonment for not less than one year but not more than two years, or a fine of not less than 5 million won but not more than 10 million won

3. The Defense Mounted by the Pyeongtaek Drunk Driving Attorney

The Pyeongtaek drunk driving attorney mounted the following defense for the client.

Pyeongtaek Drunk Driving Attorney: “The Client Acknowledges the Charge and Shows Remorse”

The Pyeongtaek drunk driving attorney emphasized that the client fully acknowledged the charge in this case and was sincerely showing remorse.

The client is acutely showing remorse once again over how grave a wrong they had committed.

The client has resolved never to let down their guard, even in situations where they have called a designated driver after drinking.

Pyeongtaek Drunk Driving Attorney: “The Client Had No Criminal Intent”

The Pyeongtaek drunk driving attorney emphasized that, although it was truly wrong for the client to have committed the offense, there was no criminal intent in committing it.

In order not to drive under the influence, the client had even called a designated driver, arrived home, and had the car parked.

The client committed the offense momentarily while drowsy, and the distance was less than 10 meters.

4. The Judgment the Client Received with the Pyeongtaek Drunk Driving Attorney

After hearing the Pyeongtaek drunk driving attorney, the court sentenced the client to a suspended sentence.

The client had faced the risk of severe punishment for drunk driving, but with the assistance of the Pyeongtaek drunk driving attorney, they were able to be defended against criminal punishment.

As with the client in this case, severe punishment is expected when the fact of drinking is detected, so you should respond immediately.

🔗Pyeongtaek Attorney If you come to us and entrust your case, we will establish a response strategy and actively assist in defending against 🔗drunk driving punishment.

평택음주운전변호사 | 음주운전한 의뢰인 변호해 형사 처벌 방어한 사례

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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