CONTENTS
- 1. The Client
- 2. The Penalty for Driving Without a License, as Explained by a Seosan Attorney
- - The Penalty for a Repeat Drunk Driving Offense
- 3. The Strategy Prepared by the Seosan Attorney
- - Seosan Drunk Driving Attorney Emphasizes the Client's Genuine Remorse and Efforts to Prevent Reoffending
- - Seosan Drunk Driving Attorney Emphasizes the Family's Petition for Leniency Toward the Client
- - Seosan Drunk Driving Attorney Petition FAQ
- 4. The Judgment Led by the Seosan Attorney
1. The Client
This is the account of a client who requested a consultation directly with a Seosan attorney.
One year earlier, the client had received a confirmed fine for drunk driving, and the client's license had also been revoked at that time.
On the day of the incident, the client had been drinking with friends and fell asleep in the car while waiting for a substitute driver, and when the client awoke, three hours had passed.
The client judged that the alcohol had worn off with the passage of time and drove,
and while heading home, the client was asked to take a breath test by a police officer conducting a sobriety checkpoint, and the blood alcohol concentration at the time was 0.19%.
As a result, the client faced the risk of an actual sentence for driving under the influence without a license and sought out a Seosan attorney.
2. The Penalty for Driving Without a License, as Explained by a Seosan Attorney
The client had been driving under the influence without a license, and a person who drives without a license is subject to the following penalty under the Road Traffic Act.
1. A person who drives a motor vehicle without obtaining a driver's license under Article 80, in violation of Article 43, or without obtaining an international driver's license or a mutually recognized foreign license under Article 96
The Penalty for a Repeat Drunk Driving Offense
One year earlier, the client had been sentenced to a fine for drunk driving and that sentence had become final. A person who is sentenced to a fine or heavier for drunk driving, whose sentence becomes final, and who commits a repeat drunk driving offense within ten years from the date the sentence became final is subject to the following penalty under the Road Traffic Act.
1. A person who violates Article 44 (2) or (5) may be punished by imprisonment for not less than one year but not more than six years or by a fine of not less than five million won but not more than 30 million won.
2. Among persons who violate Article 44 (1), a person whose blood alcohol concentration is 0.2 percent or higher may be punished by imprisonment for not less than two years but not more than six years or by a fine of not less than 10 million won but not more than 30 million won.
3. Among persons who violate Article 44 (1), a person whose blood alcohol concentration is 0.03 percent or higher but lower than 0.2 percent may 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 20 million won.
The attorney needed to respond quickly to defend against the penalty for the client's repeat drunk driving offense.
3. The Strategy Prepared by the Seosan Attorney
The Seosan attorney prepared a strategy based on the Sentencing Commission's mitigating factors for drunk driving penalties.
The strategy was to emphasize that the client was showing genuine remorse and making efforts to prevent reoffending, and to submit a letter of apology and a petition. Each of these is examined below.
Seosan Drunk Driving Attorney Emphasizes the Client's Genuine Remorse and Efforts to Prevent Reoffending
The client acknowledged all of the facts of the offense, showed an attitude of genuine remorse, and prepared and submitted a letter of apology.
Determined not to reoffend, the client even disposed of the vehicle that had been driven in this case.
Seosan Drunk Driving Attorney Emphasizes the Family's Petition for Leniency Toward the Client
The client's family is earnestly petitioning for leniency toward the client.
The client's family also prepared and submitted a petition stating that they would carefully guide the client so that the client would never commit a repeat drunk driving offense again.
Seosan Drunk Driving Attorney Petition FAQ
Client : If a drunk driving petition is submitted, will the sentence be reduced no matter what?
Seosan Attorney : Submitting a drunk driving petition does not mean the sentence will be reduced no matter what. However, it can have the effect of mitigating the disposition and can affect sentencing, so it is recommended to submit one in order to defend against an actual sentence.
Client : What should a drunk driving petition contain?
Seosan Attorney : A drunk driving petition should acknowledge the facts of the offense, show an attitude of accepting that the punishment is deserved, explain any unfair or unfortunate circumstances, mention the driver's usual conduct and good qualities, and state that the petitioner will help ensure the driver does not reoffend, among other things. If you would like to know how to prepare a drunk driving petition that is helpful for sentencing, you may seek the assistance of a Seosan attorney.
4. The Judgment Led by the Seosan Attorney
As a result of the strategy the Seosan attorney prepared and the response carried out, the client received a suspended sentence.
The client had faced the risk of a severe actual sentence for a repeat drunk driving offense and driving without a license, but because the client sought out a Seosan attorney for assistance, the actual sentence was defended against.
Drunk driving is strictly prohibited under the Road Traffic Act because it can pose a serious risk to society.
If you need assistance to defend against an actual sentence for drunk driving or driving without a license, you may receive a drunk driving 🔗attorney referral and respond accordingly.
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.
