CONTENTS
- 1. The Client's Situation
- - How the Client Came to the Wonju Law Firm
- 2. Laws Relevant to the Case, as Explained by the Wonju Law Firm
- 3. The Wonju Law Firm's Assistance
- - Wonju Law Firm Argument ① The Principle of Proportionality
- - Wonju Law Firm Argument ② Loss of Military Status
- - Wonju Law Firm Argument ③ First-Time Offender
- 4. The Court's Decision on the Wonju Law Firm's Arguments
- - If You Need the Wonju Law Firm's Help
1. The Client's Situation
The client thought that the demotion imposed on him was somewhat excessive, and came to the Wonju law firm hoping, with the firm's help, to have the disposition revoked.
How the Client Came to the Wonju Law Firm
The circumstances of the client who sought help from the Wonju law firm are as follows.
The client, a member of the military, was sentenced to a fine for driving a vehicle while intoxicated, with a blood alcohol concentration of 0.086%.
In addition, the client was demoted, placing him in a position to be involuntarily discharged about two years later.
However, the client was a first-time offender for drunk driving and had caused no harm, so he thought this disposition was somewhat excessive.
The client decided to pursue administrative litigation with an attorney experienced in various 🔗traffic accident and drunk driving administrative disposition cases.
Hoping to have the demotion revoked and to regain a peaceful daily life by handling the case together with an attorney, the client came to the Wonju law firm.
2. Laws Relevant to the Case, as Explained by the Wonju Law Firm
Article 56 of the Military Personnel Management Act provides that disciplinary action may be taken against a service member for dishonorable conduct committed during service.
Under this provision, a service member must not engage in conduct that damages the honor of the military during service, and conduct such as drunk driving falls within this scope.
The client, who drove while intoxicated, may be subject to disciplinary action under Article 56 of the Military Personnel Management Act, and 🔗military discipline dispositions consist of demotion, salary reduction, suspension, dismissal, and the like.
🔗If you are curious about military criminal case procedures, discipline, and how to respond
3. The Wonju Law Firm's Assistance
The Wonju law firm established a careful strategy to have the demotion revoked and argued the following points.
Wonju Law Firm Argument ① The Principle of Proportionality
The defendant argues that, under military regulations, disciplinary action may be taken where the blood alcohol concentration is 0.08% or higher, and that under the Military Personnel Disciplinary Decree drunk driving cannot be mitigated, so this disposition is justified.
However, the firm emphasized that this disposition was a disciplinary measure imposed excessively relative to the degree of misconduct, and that it violates the principle of proportionality.
Wonju Law Firm Argument ② Loss of Military Status
The disposition in this case is, in substance, a dismissal that results in stripping the client of his very status as a service member.
The firm emphasized that, although the need to discipline the client for his conduct is fully recognized, this disposition is an excessive measure that lacks balance and therefore constitutes a decision that deviates from and abuses discretionary power.
Wonju Law Firm Argument ③ First-Time Offender
From the investigation stage through the disciplinary committee, the client acknowledged all of the facts and showed remorse.
In addition, the client was a first-time offender with no prior record of drunk driving, and the drunk driving caused no personal or property damage of any kind.
The firm therefore emphasized that this disposition was excessive and ought to be revoked.
4. The Court's Decision on the Wonju Law Firm's Arguments
Accepting the Wonju law firm's arguments, the court issued a decision stating, ‘The disciplinary action of demotion taken by the defendant against the plaintiff is revoked.’
The client expressed deep gratitude to the Wonju law firm.
If You Need the Wonju Law Firm's Help
To minimize a military disciplinary disposition, it is recommended to respond strategically with a military criminal attorney who has a deep understanding of military-related law and disciplinary procedures.
Daeryun Law Firm brings together attorneys experienced in military matters who cooperate closely on a single case.
The firm responds actively and establishes prompt strategies in matters such as military discipline, violations of the Military Criminal Act and the Military Service Act, state compensation, and the defense industry.
If you need an attorney's help in a situation similar to the case above, you may request a 🔗legal consultation booking 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.
