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Deals & Cases

Drunk driving (DUI)

[Assistance Provided by a Pohang Criminal Defense Attorney] Three Instances of Drunk Driving, a Successful Suspended Sentence With Daeryun's Help

The client who came to the Pohang criminal defense attorney faced an expected actual sentence as a repeat drunk driving offender and requested Daeryun's assistance.

CONTENTS
  • 1. How the Client Came to the Pohang Criminal Defense Attorney
    • - The Client Who Came to the Pohang Criminal Defense Attorney
    • - The Level of Punishment for Drunk Driving, Explained by a Pohang Criminal Defense Attorney
  • 2. Assistance Provided by the Pohang Criminal Defense Attorney
    • - Pohang Criminal Defense Attorney Argues That the Client Acknowledges His Wrongdoing and Is Sincerely Remorseful
    • - Pohang Criminal Defense Attorney Argues That the Client Is Receiving Alcohol Addiction Treatment to Prevent Reoffending
    • - Pohang Criminal Defense Attorney Argues That the Client's Family and Acquaintances Earnestly Seek Leniency
  • 3. The Result of the Pohang Criminal Defense Attorney's Assistance: A Suspended Sentence for the Client With Three Instances of Drunk Driving

1. How the Client Came to the Pohang Criminal Defense Attorney

The client who came to the Pohang criminal defense attorney already had two prior drunk driving offenses and was detected for drunk driving once again, so an actual sentence was difficult to avoid. To defend against this, the client requested the assistance of Daeryun's Pohang criminal defense attorney.

The Client Who Came to the Pohang Criminal Defense Attorney

This is the account of the client who came to the Pohang criminal defense attorney.

The client ordinarily suffered from depression and drank when unable to sleep.

As usual, the client could not sleep and ended up drinking.

Afterward the client fell asleep, and the next afternoon, having a scheduled appointment, ended up driving a car.

Because considerable time had passed since drinking, the client judged that it would be acceptable to drive the car.

While traveling, however, the client encountered the police and underwent a breath test and investigation, and the measurement showed a blood alcohol concentration exceeding the threshold.

The client, who already had two prior drunk driving convictions, knew that an actual sentence would be difficult to avoid and came to Daeryun's Pohang criminal defense attorney.

The Level of Punishment for Drunk Driving, Explained by a Pohang Criminal Defense Attorney

When a Single Instance of Drunk Driving Is Detected as a Repeat Offense Within 10 Years

If a drunk driver who has been sentenced to a fine or a heavier penalty commits drunk driving again within 10 years from the date the sentence became final (including a person whose sentence has lapsed), the offender shall be punished according to the following classifications.

-Refusing the police request for a breath test : imprisonment for not less than 1 year and not more than 6 years, or a fine of not less than 5 million won and not more than 30 million won

- Blood alcohol concentration of 0.2% or higher : imprisonment for not less than 2 years and not more than 6 years, or a fine of not less than 10 million won and not more than 30 million won

- Blood alcohol concentration of 0.03% or higher but less than 0.2% : 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

Punishment When a Traffic Accident Occurs (Including the 12 Categories of Gross Negligence)

Under the Act on Special Cases concerning the Settlement of Traffic Accidents, where the driver of a vehicle commits the offense of occupational or gross negligence causing injury through a traffic accident, the penalty is imprisonment without labor for not more than 5 years or a fine of not more than 20 million won.

2. Assistance Provided by the Pohang Criminal Defense Attorney

To obtain a suspended sentence for the client, the Pohang criminal defense attorney closely examined the specific facts, systematically analyzed the materials, and argued as follows.

Pohang Criminal Defense Attorney Argues That the Client Acknowledges His Wrongdoing and Is Sincerely Remorseful

The Pohang criminal defense attorney argued that the client, regardless of the circumstances, fully acknowledged his wrongdoing and was sincerely remorseful.

Pohang Criminal Defense Attorney Argues That the Client Is Receiving Alcohol Addiction Treatment to Prevent Reoffending

The attorney argued that the client was receiving alcohol addiction treatment so as not to commit the same wrongdoing again.

Pohang Criminal Defense Attorney Argues That the Client's Family and Acquaintances Earnestly Seek Leniency

The client's family and acquaintances submitted a petition, pledging that, prompted by this offense, they would supervise the client so as not to repeat such conduct.

3. The Result of the Pohang Criminal Defense Attorney's Assistance: A Suspended Sentence for the Client With Three Instances of Drunk Driving

The court, finding the Pohang criminal defense attorney's arguments to be objectively reasonable, issued the following judgment: "The defendant is sentenced to 8 months of imprisonment. However, the execution of the above sentence is suspended for 2 years from the date this judgment becomes final. The defendant is ordered to attend 40 hours of a law-abiding driving course."

Although the client had two prior drunk driving offenses, he was able to receive a suspended sentence thanks to the assistance of the Pohang criminal defense attorney.

In the case of a repeat drunk driving offense, the probability of receiving an actual sentence is high, so a prompt response is most important.

If you wish to reduce punishment in a situation like the case above, you may entrust your case at any time to Daeryun's Pohang criminal defense attorney, who has handled many cases.

[포항형사변호사의 조력사항] 음주운전 3회, 대륜의 도움으로 집행유예 성공

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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