CONTENTS
- 1. A Client Facing Punishment for Driving Under the Influence Without a License
- 2. The Charges Against the Client Facing Punishment for Driving Under the Influence Without a License
- - Level of Punishment
- 3. The Defense of the Client Facing Punishment for Driving Under the Influence Without a License
- - The Drunk Driving Attorney's First Argument | “The Client Shows Remorse for the Offense in This Case”
- - The Drunk Driving Attorney's Second Argument | “Acquaintances Are Petitioning for Leniency”
- 4. The Judgment for the Client Facing Punishment for Driving Under the Influence Without a License
1. A Client Facing Punishment for Driving Under the Influence Without a License
This is the account of a client who sought an attorney's assistance while facing punishment for driving under the influence without a license.
The client had been punished for drunk driving 2 years earlier, had his license revoked, and was therefore without a license.
On the day of the incident, the client explained that he had a serious argument with his girlfriend, whom he was planning to marry, and ended up drinking with friends.
After leaving the bar, the client could not overcome his drowsiness and briefly slept in his own car.
About 3 hours later, as he was about to call a designated driver, he fell into the mistaken belief that the effects of the alcohol had worn off and that there would be no problem if he drove carefully, and so he drove.
In the course of this, he arrived near his home, and his tires slipped and he crashed into a streetlight, causing an accident.
A police officer who had been dispatched then requested a breath test, and the result measured a blood alcohol concentration of 0.14%, leading to this case and placing the client at risk of punishment for driving under the influence without a license.
2. The Charges Against the Client Facing Punishment for Driving Under the Influence Without a License
The client facing punishment for driving under the influence without a license was charged with driving without a license and drunk driving. Driving under the influence without a license is strictly prohibited under the Road Traffic Act.
Road Traffic Act Article 43 (Prohibition of Driving Without a License, etc.)
Road Traffic Act Article 44 (Prohibition of Driving While Intoxicated)
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.
Level of Punishment
The client facing punishment for unlicensed 🔗drunk driving could be subject to the following levels of punishment.
Road Traffic Act Article 148-2 (Penalty Provisions)
3. A person who violates Article 44 (1) and whose blood alcohol concentration is 0.03 percent or higher but less than 0.2 percent shall be punished by imprisonment for not less than 1 year and not more than 5 years, or by a fine of not less than 5 million won and not more than 20 million won.
Road Traffic Act Article 152 (Penalty Provisions)
1. A person who, in violation of Article 43, drives a motor vehicle without having obtained a driver's license under Article 80, an international driver's permit under Article 96, or a mutually recognized foreign license
3. The Defense of the Client Facing Punishment for Driving Under the Influence Without a License
For the client facing punishment for driving under the influence without a license, the attorney mounted a defense as follows.
The Drunk Driving Attorney's First Argument | “The Client Shows Remorse for the Offense in This Case”
For the client facing punishment for driving under the influence without a license, the attorney emphasized that the client showed remorse.
The client realized that drunk driving can cause harm to many people and showed sincere remorse.
The client resolved never to drive drunk again and disposed of his vehicle.
The Drunk Driving Attorney's Second Argument | “Acquaintances Are Petitioning for Leniency”
For the client facing punishment for driving under the influence without a license, the attorney emphasized that the client's acquaintances were petitioning for leniency.
The client's acquaintances emphasized that the client had lived diligently and earnestly requested leniency on this one occasion.
4. The Judgment for the Client Facing Punishment for Driving Under the Influence Without a License
For the client facing punishment for driving under the influence without a license, the court issued a judgment of a suspended sentence.
The client had been in a situation where heavy punishment was expected for driving without a license and drunk driving, but with the attorney's assistance he was able to avoid that punishment.
If you are in a situation similar to that of the client in this case, we recommend obtaining a 🔗attorney referral and requesting a prompt response.
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.
