Anyang Attorney | Anyang Criminal Attorney Assists a Client With a Prior Drunk Driving Record to Conclude the Case With a Suspended Sentence

While the client was dining with colleagues at a company dinner, the client received a request to move a car in a nearby commercial parking lot.

Having been drinking during the dinner, the client took the wheel, treating the client's own condition lightly and thinking that the client would only move the car and come back.

However, due to a report by someone who saw this, the client was caught in a drunk driving crackdown.

After finishing moving the vehicle, the client was stopped and questioned by a police officer who had come to crack down on drunk driving while exiting the parking lot.

As a result of the breathalyzer test conducted at the officer's request, the client was measured with a blood alcohol concentration exceeding 0.08%, the level for license revocation.

The client was then caught on a charge of drunk driving and booked without detention.

As a result of the police investigation, the client was placed in a situation that was difficult to view as simple drunk driving.

This was because the client had previously been punished for drunk driving, so there was a high likelihood of being regarded as a repeat offender.

In addition, even though the client's conduct was no more than moving the car a short distance, it legally constituted drunk driving, and there was a risk of a heavy sentence.

The attorney explained that no one may drive a motor vehicle or similar vehicle while intoxicated.

The state of intoxication for which driving is prohibited is a blood alcohol concentration of 0.03% or higher, which applied to the client's situation.

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

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

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

The client fell under the second and third items and received notice of license revocation.

In addition, because the client's blood alcohol concentration was 0.08%, the client faced the risk of 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.

The attorney urged that drunk driving must never be committed.

In particular, if a person has a prior record of being punished for drunk driving, as the client did, the punishment is aggravated and works unfavorably from the second offense onward, so particular caution is needed.

For this reason, it can be helpful to respond promptly from the early stage of the case with the assistance of an attorney.

During a drunk driving check, an accurate measurement is taken through a breath test or blood sampling at the request of the police. It is best to cooperate as fully as possible at this time.

In addition, by showing remorse and regret and by undergoing alcohol treatment, the client can work toward a favorable outcome in the court's sentencing determination.

After the incident, the client felt a sense of responsibility for the drunk driving and, in order to prevent any further drunk driving, voluntarily disposed of the vehicle.

This served as important grounds showing a reduced likelihood of reoffending and the client's remorse.

The client is a patient currently undergoing chemotherapy and was in very poor health.

This point was actively presented to the court, and leniency was requested so that the client could continue treatment rather than serve an actual custodial sentence.

After the incident, the client voluntarily began alcohol treatment in order to address the drinking problem.

By explaining that the client had been receiving treatment consistently for about 3 months after the incident, the client demonstrated a will to improve.