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Deals & Cases

Drunk Driving

Cheonan Drunk Driving Attorney | Assisting a Client in the Delivery Business and Obtaining a Small Fine for Drunk Driving

The client was at risk of being unable to avoid an actual prison sentence because the client drove under the influence once again, despite already having had a license revoked for drunk driving on a prior occasion.

CONTENTS
  • 1. Cheonan Drunk Driving Attorney | Background of the Case
    • - Cheonan Drunk Driving Attorney | The Reason for Driving Under the Influence
    • - Cheonan Drunk Driving Attorney | Vehicle Collision After Driving Under the Influence
    • - Cheonan Drunk Driving Attorney | The Victim's Report
  • 2. Cheonan Drunk Driving Attorney | Statutes Governing Drunk Driving
    • - Cheonan Drunk Driving Attorney | Drunk Driving Penalty Provisions
    • - Cheonan Drunk Driving Attorney | Points to Note During a Drunk Driving Crackdown
  • 3. Cheonan Drunk Driving Attorney | The Content of the Attorney's Assistance
  • 4. Cheonan Drunk Driving Attorney | Case Result, a Judgment of a Small Fine

1. Cheonan Drunk Driving Attorney | Background of the Case

Cheonan Drunk Driving Attorney
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The client was a freight transport driver who had driven trucks and worked in the transport business for 30 years.

The client, already having a prior drunk driving penalty (license revocation), drove under the influence once again and collided with the victim's vehicle.

Cheonan Drunk Driving Attorney | The Reason for Driving Under the Influence

The client, feeling continuous fatigue and stress from the demanding delivery work, took a brief rest at the suggestion of an acquaintance, drank a small amount of alcohol, and fell asleep.

After waking up four hours later, the client thought it would be fine since home was close by, and the accident occurred while the client was driving.

Cheonan Drunk Driving Attorney | Vehicle Collision After Driving Under the Influence

The client caused an accident while driving with a blood alcohol concentration of 0.03% at the time, inflicting injury on the victim.

The client, who was driving in the second lane at a three-way intersection, attempted a forced right turn and collided with the victim's vehicle coming in the third lane.

The collision destroyed both the front bumper and the windshield of the victim's vehicle and inflicted on the victim an injury requiring three weeks of treatment.

Cheonan Drunk Driving Attorney | The Victim's Report

The client got out of the car, staggering, and checked the victim's condition.

At that point, the victim, complaining of pain, called 119, and the police were dispatched and began a breath alcohol test of the client at the scene.

In the end, the client was booked by the police on a charge of drunk driving with a blood alcohol concentration reading of 0.03%.

2. Cheonan Drunk Driving Attorney | Statutes Governing Drunk Driving

The attorney stated that drunk driving is strictly punished under the Road Traffic Act and the Act on Special Cases concerning the Settlement of Traffic Accidents.

The attorney explained that the level of punishment varies depending on the blood alcohol concentration and the manner of the accident, and that criminal liability is further aggravated, in particular, when a traffic accident in an intoxicated state causes death or injury.

Cheonan Drunk Driving Attorney | Drunk Driving Penalty Provisions

The attorney explained that no person may drive a motor vehicle or the like while in an intoxicated state.

The intoxicated state in which driving is prohibited is 0.03% or higher, which is the situation applicable to the client.

If a person drives a motor vehicle or the like while in an intoxicated state and commits any of the following acts, the driver's license is revoked.

1. Driving beyond the standard for an intoxicated state (blood alcohol concentration of 0.03% or higher) and causing the death or injury of a person in a traffic accident

2. Driving while heavily intoxicated (blood alcohol concentration of 0.08%)

3. A person who has driven, two or more times, beyond the standard for an intoxicated state or has refused a test for an intoxicated state, and then drives again while in an intoxicated state (blood alcohol concentration of 0.03% or higher)

The client fell under the relevant provision and was in the worst situation, facing punishment at the level of license revocation as well as the possibility of aggravated punishment because the client had injured a person.

In particular, because another license revocation could shake the future livelihood of the client, who was working in the delivery business, the attorney had to prepare for trial all the more thoroughly.

Cheonan Drunk Driving Attorney | Points to Note During a Drunk Driving Crackdown

The attorney earnestly urged that one must not drive under the influence.

After drinking, one must avoid driving by calling a designated driver or using public transportation.

In addition, during a drunk driving crackdown, one undergoes an accurate measurement through a breath test or blood collection at the request of the police. At this time, one should be as cooperative as possible.

It is important to actively provide rescue measures for the victim and to obtain a sincere apology and settlement to lower the level of punishment.

For an amicable settlement with the victim, receiving the assistance of an attorney can be more effective than proceeding on one's own.

3. Cheonan Drunk Driving Attorney | The Content of the Attorney's Assistance

With the attorney's help, the client carried out an amicable settlement procedure with the victim.

The client visited the victim in person, offered a full face-to-face apology, delivered a settlement payment, and reached an amicable settlement.

Thanks to the attorney's assistance, the client was able to obtain from the victim a statement of no desire for punishment, a petition, and a settlement agreement.

The attorney submitted these materials during the trial proceedings and helped ensure that they could be taken into account in the court's sentencing conditions.

4. Cheonan Drunk Driving Attorney | Case Result, a Judgment of a Small Fine

The client was ultimately able to conclude the case with a fine of 5 million won.

This result was due to the amicable settlement with the victim, the submission of the statement of no desire for punishment and the petition, and the fact that the client showed remorse and pledged to prevent a recurrence, which served as grounds for mitigation in the court's sentencing.

Because the attorney prepared thoroughly with a focus on the settlement with the victim, the client was able to avoid a heavier punishment and could continue working in the delivery business.

The attorney advised that, because drunk driving has an enormous impact not only on an individual's livelihood but also on the life and safety of others, one should respond promptly by receiving an attorney's help early when such an incident occurs.

If you are at risk of being punished for drunk driving conduct as in this case, please come to the 🔗Cheonan law firm.

천안음주운전변호사 | 천안변호사, 배달업 의뢰인 도와 음주운전 소액의 벌금형 받아내

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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