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Deals & Cases

Violation of the Road Traffic Act (Drunk Driving)

Daegu Law Firm Assistance Case | Prosecutor's Appeal Dismissed and Fine Upheld in a Drunk Driving Matter

The client came to the Daegu office seeking the firm's assistance in having the prosecutor's appeal dismissed.

CONTENTS
  • 1. The Client's Situation
    • - How the Client Came to the Daegu Law Firm
  • 2. Statutes Relating to Drunk Driving Explained by the Daegu Law Firm
  • 3. The Daegu Law Firm's Assistance
    • - Daegu Law Firm Argument 1: Letter of Apology
    • - Daegu Law Firm Argument 2: No Risk of Reoffending
    • - Daegu Law Firm Argument 3: The Family's Livelihood
  • 4. The Court's Decision on the Daegu Law Firm's Arguments
    • - If You Need the Help of the Daegu Law Firm

1. The Client's Situation

Daegu Law Firm



The client came to the Daegu office to respond thoroughly to the prosecutor's appeal in a drunk driving matter with the firm's help.

How the Client Came to the Daegu Law Firm

The account of the client, who consulted at the Daegu law firm, is as follows.

The client was sentenced to a fine by the court on a charge of driving a vehicle while intoxicated with a blood alcohol concentration of 0.145%.

The prosecutor then filed an appeal, emphasizing the client's past 🔗drunk driving penalties and the harm of drunk driving.

The prosecutor argued that there was a need to punish the client severely through a sentence of imprisonment rather than a fine.

On appeal, the law and evidence must be reviewed more closely than at first instance, and new arguments and rebuttals must be prepared, so the client determined that assistance was needed.

The client came to the Daegu law firm seeking the help of an attorney with extensive experience and know-how in drunk driving matters in order to have the prosecutor's appeal dismissed.

2. Statutes Relating to Drunk Driving Explained by the Daegu Law Firm

Unlike other traffic offenses, the harm and danger of drunk driving, where the intent is clear, have been emphasized countless times.

It has also been clearly established that most major traffic accidents and hit-and-run accidents stem from drunk driving, so the courts punish it severely.

If a person engages in drunk driving, the following standards apply for punishment.

▶ Blood alcohol concentration of 0.2% or higher: imprisonment for not less than 2 years and not more than 5 years, or a fine of not less than 10 million won and not more than 20 million won


▶ Blood alcohol concentration of 0.08% or higher and below 0.2%: imprisonment for not less than 1 year and not more than 2 years, or a fine of not less than 5 million won and not more than 10 million won


▶ Blood alcohol concentration of 0.03% or higher and below 0.08%: imprisonment for not more than 1 year, or a fine of not more than 5 million won


▶ Refusal of a lawful breath test requested by a police officer: imprisonment for not less than 1 year and not more than 5 years, or a fine of not less than 5 million won and not more than 20 million won

🔗Curious about the level of punishment when you have a prior drunk driving record?

3. The Daegu Law Firm's Assistance

The Daegu law firm established a thorough response plan centered on the circumstances favorable and unfavorable to the client.

To have the prosecutor's appeal dismissed, it made the following arguments.

Daegu Law Firm Argument 1: Letter of Apology

From the time of the first breath test immediately after the incident, the client admitted his offense and cooperated faithfully with the police investigation.

It was emphasized that the client recognized that his conduct could have a negative effect on society, deeply repented, and submitted a letter of apology.

Daegu Law Firm Argument 2: No Risk of Reoffending

The client disposed of the vehicle involved in this case with the resolve to no longer drive at all.

Because the offense in this case occurred after drinking, it was emphasized that the client is making his own efforts, including firmly pledging abstinence through a written abstinence pledge, so that there is almost no risk of reoffending.

Daegu Law Firm Argument 3: The Family's Livelihood

The client has minor children and family members whom he must support.

It was emphasized that if the client were to receive a severe punishment and lose his job, serious hardship could arise not only for the client but also for the livelihood of his family.

4. The Court's Decision on the Daegu Law Firm's Arguments

The court accepted the Daegu law firm's arguments and issued a decision that 'the prosecutor's appeal is dismissed.'

The client then expressed deep thanks to the Daegu law firm.

If You Need the Help of the Daegu Law Firm

The above case was one in which a client assisted by the Daegu law firm succeeded in having the prosecutor's appeal dismissed.

At Daeryun Law Firm, attorneys experienced in traffic accident matters respond to cases through systematic collaboration.

By assigning attorneys experienced across multiple areas, including traffic accidents, damages, and insurance, the firm guides cases strategically.

If you need the help of an experienced attorney in a situation similar to the case above, please come to the Daegu law firm, which has experience handling a variety of 🔗drunk driving cases.

대구법무법인 조력 사례 | 음주운전 검사 항소 기각, 벌금형 유지

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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