CONTENTS
- 1. The Client's Circumstances
- - The Account of the Client the Attorney Met
- 2. Information Related to Drunk Driving
- 3. The Attorney's Assistance to the Client
- - The Attorney's Argument ① An Impulsive Mistake
- - The Attorney's Argument ② Remorse and a Pledge to Prevent Reoffending
- 4. The Attorney's Result: "A Fine"
1. The Client's Circumstances
The client had been caught by the police after drinking and, in a moment of poor judgment, taking the wheel.
To reduce the punishment as much as possible, the client sought an attorney with extensive experience in drunk driving defense and visited the Changwon office.
The Account of the Client the Attorney Met
On the day of the incident, the client had drinks with friends he had not seen in a long time.
The client explained that he drank about one bottle of soju only at the beginning of the gathering and then did not drink afterward, sitting for about three hours.
After the gathering ended, because his home was close by, he carelessly took the wheel on a momentary impulse.
Unfortunately, he was caught by police who were conducting a drunk driving check, which led to indictment by the prosecution, and the matter proceeded to trial, leaving him facing punishment.
To avoid a custodial sentence, the client came to the attorney.
2. Information Related to Drunk Driving
Because social perception of drunk driving is very negative, the punishment is often severe even for a first offense.
For that reason, although it is best not to drive after drinking, if you are caught for drunk driving, a strategic defense covering the entire criminal procedure is needed rather than a casual response.
The statutes related to drunk driving punishment are as follows.
▶ Blood alcohol concentration of 0.08% or more and less than 0.2%: imprisonment for at least 1 year and up to 2 years, or a fine of at least 5 million won and up to 10 million won
▶ Blood alcohol concentration of 0.03% or more and less than 0.08%: imprisonment for up to 1 year, or a fine of up to 5 million won
However, if a person commits drunk driving again and is caught within 10 years, the punishment is aggravated.
The levels of punishment are as follows.
▶ Blood alcohol concentration of 0.03% or more and less than 0.2%: imprisonment for at least 1 year and up to 5 years, or a fine of at least 5 million won and up to 20 million won
🔗If you would like to know more about drunk driving punishment
3. The Attorney's Assistance to the Client
The attorney carefully gathered evidence, including the circumstances on the day of the incident and CCTV footage, and argued as follows to defend against the client's punishment.
The Attorney's Argument ① An Impulsive Mistake
Before this incident, the client had no record of any criminal punishment, including for drunk driving, and had a habit of always diligently calling a designated driver after drinking.
On the day of the incident, however, three hours had passed since he had been drinking and, because his destination was close, he momentarily acted on an impulsive and careless mindset.
The attorney argued that this should be taken into account, as the client had not acted with malice and this was the only instance of drunk driving in his life, committed on impulse.
The Attorney's Argument ② Remorse and a Pledge to Prevent Reoffending
After the incident, the client was making efforts to prevent reoffending, such as writing a letter of apology and preparing a pledge to eliminate drunk driving and a pledge to comply with the law, in order never to drive drunk again.
The attorney argued that the client's remorse and efforts should be taken into account in sentencing.
4. The Attorney's Result: "A Fine"
The court, accepting the attorney's arguments, issued the client a summary order of a fine.
If you are caught by the police for drunk driving, you should be aware that not only criminal punishment but also 🔗an administrative disposition for drunk driving, such as license suspension, may be imposed together.
In particular, if there are additional incidents, such as causing a traffic accident or inflicting harm while driving under the influence, the disposition and punishment become more severe, so particular caution is required.
If you are involved in a drunk driving case, it is important to seek help from an attorney with extensive 🔗drunk driving case experience rather than denying the charges or judging the matter on your own.
At Daeryun Law Firm, a task force composed of attorneys experienced in the area of drunk driving and traffic accidents provides legal services across the entire case and responds effectively from the early stages.
You may consult with us at any time through a legal consultation reservation.
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.
