CONTENTS
- 1. Suwon Attorney | Circumstances of the Case
- 2. Suwon Attorney | The Suwon Criminal Attorney's Analysis of the Drunk Driving Case
- 3. Suwon Attorney | Content of the Defense
- 4. Suwon Attorney | Client Receives a Suspended Sentence With the Assistance of a Suwon Criminal Attorney
1. Suwon Attorney | Circumstances of the Case
The client had prior convictions, having received fines for drunk driving 7 years ago and 10 years ago, but with the assistance of the Suwon criminal attorney, the client obtained a suspended sentence and returned to the family.
The Client Who Had a Drink in Broad Daylight
On the day of the incident, the client drank alcohol while having lunch with an acquaintance.
After finishing the meal, the client tried to call a designated driver, but the dispatch was not running smoothly.
Although the client was intoxicated at the time, he decided to drive himself, citing the fact that the distance home was close, about 500m.
A Drunk Driving Traffic Accident Occurs
However, this was a momentary error in judgment, and it ultimately led to an accident.
Not long after he began driving, the client failed to notice a truck parked at the edge of the road and struck it head-on.
Fortunately, there were no casualties, but property damage occurred, including damage to the truck's bumper and the front of the vehicle.
Booked on Drunk Driving Charges Following a Resident's Report
Immediately after the accident, a resident who witnessed it from nearby reported it to the police, and the police were dispatched and conducted a sobriety test on the client.
The test showed a blood alcohol concentration of 0.204%, which far exceeded the license revocation threshold (0.08%), making punishment unavoidable.
In particular, the client had a prior record of drunk driving, so the likelihood of aggravated punishment was high.
2. Suwon Attorney | The Suwon Criminal Attorney's Analysis of the Drunk Driving Case
The Suwon attorney analyzed the client's charges and reviewed the relevant legal principles so that the client could avoid a custodial sentence.
The Client's Charges
The client was indicted on charges of violating the Road Traffic Act (drunk driving) and violating the Act on Special Cases concerning the Settlement of Traffic Accidents.
In particular, the client had a record of receiving fines for drunk driving 7 years ago and 10 years ago.
Because the client caused a collision with a parked truck after drunk driving, the situation was more serious.
Because a court is likely to impose a heavier punishment in the case of a repeat drunk driving offense, the situation called for a careful response from the Suwon criminal attorney.
Review of the Relevant Legal Principles
Attorney, what punishment provisions apply to the client?
Suwon attorney: Yes, because the client has two or more prior drunk driving offenses, aggravated punishment is unavoidable. Under the Road Traffic Act, a person who violates the drunk driving provisions two or more times may be punished by imprisonment for not less than 2 years and not more than 5 years, or by a fine of not less than 10 million won and not more than 20 million won.
Attorney, what legal principles apply to the part where the client caused the property-damage accident?
Suwon attorney: Yes, the client caused a collision with a parked truck after drinking. In a case like this, under the Road Traffic Act, imprisonment for not more than 1 year or a fine of not more than 3 million won may be imposed.
3. Suwon Attorney | Content of the Defense
The Suwon attorney emphasized the following mitigating circumstances and asked for leniency on behalf of the client.
An Impulsive Offense
The client had not planned to drive after drinking on the day of the incident; rather, when the dispatch of a designated driver was delayed, he took the wheel on a momentary judgment.
Emphasizing that this was not a premeditated offense but a momentary mistake, the attorney argued that the client had not had any criminal intent from the outset.
Efforts to Prevent Reoffending
After the incident, the client thoroughly reflected on his drunk driving habits and was making practical efforts to prevent reoffending.
Immediately after the incident occurred, he sold his vehicle so that he would not drive at all, and he was using public transportation and carpooling to commute and using public transportation for long-distance travel as well.
In addition, he emphasized that he was making efforts to prevent reoffending, such as declaring abstinence from alcohol to his family and acquaintances and signing a pledge to eradicate drunk driving.
Letters of Appeal from Family and Acquaintances
The client's family and colleagues submitted letters of appeal to the court asking for leniency on behalf of the client.
These letters of appeal stated that the client had ordinarily worked diligently at his job and supported his family, and that he was deeply remorseful as a result of this incident.
In addition, the client's family and colleagues promised to actively manage and support him so that he would never drink and drive again.
4. Suwon Attorney | Client Receives a Suspended Sentence With the Assistance of a Suwon Criminal Attorney
With the assistance of the attorney, the client was ultimately able to avoid a custodial sentence.
Although the client's blood alcohol concentration was high at 0.204%, the court took into account that the client admitted to all of the conduct and showed remorse, that the distance driven was short, and that the client was making efforts to prevent reoffending, and it imposed a suspended sentence.
The attorney noted that because drunk driving affects not only an individual's livelihood but also the life and safety of others, it is recommended to respond promptly with the help of a criminal attorney early when such an incident occurs.
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