CONTENTS
- 1. The Client's Situation
- - A Client Involved in a Drunk Driving Charge
- 2. The Statutes Relevant to the Case, as Explained by a Namyangju Attorney Office
- - Precedent Relevant to Drunk Driving
- 3. The Three Arguments of a Namyangju Attorney Office
- - Assistance ① Efforts to Prevent Reoffending
- - Assistance ② Submission of Letters of Apology
- - Assistance ③ The Family's Livelihood
- 4. The Court's Decision on the Namyangju Attorney Office's Arguments
- - If You Have Been Involved in a Drunk Driving Charge
1. The Client's Situation
The client came to a Namyangju Attorney Office and requested assistance in order to clearly understand the progress of the case and to explore a way to resolve it.
A Client Involved in a Drunk Driving Charge
The account of the client who came to a Namyangju Attorney Office to request assistance is as follows.
The client drove a vehicle for about 9 km while intoxicated, with a blood alcohol concentration of 0.133%.
While intoxicated, the client was negligent in his duty of care while driving and collided with several vehicles parked on the shoulder of the road.
After colliding with three vehicles in succession, the client caused about 4 million won in damage and then fled without taking the necessary measures.
The client, who had previously been sentenced to a fine on a drunk driving charge, again engaged in drunk driving with a complacent attitude.
In addition, he became involved in a charge of 🔗failure to take measures after an accident / hit-and-run, placing him in a situation in which it was difficult to avoid a severe punishment.
The client came to a Namyangju Attorney to entrust the case to an attorney and to reduce the sentence for 🔗drunk driving as much as possible.
2. The Statutes Relevant to the Case, as Explained by a Namyangju Attorney Office
The client was booked on charges of drunk driving and failure to take measures after an accident and requested the help of a Namyangju Attorney.
The client had violated the drunk driving regulations, been sentenced to a penalty of a fine or heavier, and then, within 10 years of the date on which that sentence became final, again violated the regulations prohibiting drunk driving.
The following reviews the sentencing range for drunk driving and failure to take measures after an accident.
For a First Instance of Drunk Driving Within 10 Years
| Blood Alcohol Concentration | Sentence | License |
| 0.03% or more but less than 0.08% | Imprisonment for up to 1 year or a fine of up to 5 million won | Suspension of driver's license |
| 0.08% or more but less than 0.2% | Imprisonment for 1 to 2 years or a fine of 5 million to 10 million won | Revocation of driver's license |
| 0.2% or more | Imprisonment for 1 to 5 years or a fine of 10 million to 20 million won | |
| Refusal of a breath test | Imprisonment for 1 to 5 years or a fine of 5 million to 20 million won |
Failure to Take Measures After an Accident (Road Traffic Act Article 148)
A person who fails to take the measures required at the time of a traffic accident is subject to imprisonment for up to 5 years or a fine of up to 15 million won.
Precedent Relevant to Drunk Driving
The precedent below is a case in which the court, taking the defendant's emergency circumstances into account, issued an acquittal in a drunk driving case.
Precedent Relevant to the Case
In a case in which the defendant, driving an automobile, called a designated driver in order to return home while intoxicated, and the designated driver, after setting off on the road and driving for a short while, had a disagreement with the defendant over the route to the destination, suddenly stopped the car, and then got out and left, the defendant drove the automobile for about 3 m on the road while intoxicated with a blood alcohol concentration of 0.097% and was indicted for violation of the Road Traffic Act (drunk driving); the court issued an acquittal on the ground that the conduct constituted a necessity (Decision 2019Gojeong2908)
3. The Three Arguments of a Namyangju Attorney Office
The Namyangju Attorney analyzed the case closely in order to reduce the sentence as much as possible.
The attorney prepared a corresponding response and made the following arguments in seeking leniency for the client.
Assistance ① Efforts to Prevent Reoffending
After the incident, the client sold his own vehicle in order not to commit the same wrongdoing again.
He is taking a drunk driving reoffending prevention course and has also signed a written pledge to abstain from drunk driving, resolving never to reoffend.
The attorney emphasized that the client feels deep remorse for the wrongdoing he committed and is doing his best to improve.
Assistance ② Submission of Letters of Apology
The client feels deep remorse and regret over this case and keenly recognizes his responsibility for his mistaken judgment and conduct.
He sincerely showed remorse for having fled without taking immediate measures after the accident and directly conveyed his apologies to the victims.
The attorney emphasized that the client accurately recognized the offense he committed, showed deep remorse, and submitted letters of apology on several occasions.
Assistance ③ The Family's Livelihood
The client's family currently depends entirely on the client economically.
The attorney emphasized that if the client were to receive a severe punishment, significant difficulties could arise for the family's livelihood.
4. The Court's Decision on the Namyangju Attorney Office's Arguments
The court, accepting the arguments of the Namyangju Attorney Office, issued the decision that 'the defendant is sentenced to 1 year of imprisonment; provided that the execution of the above sentence is suspended for 2 years from the date on which this judgment becomes final.'
The client expressed deep gratitude to the Namyangju Attorney.
If You Have Been Involved in a Drunk Driving Charge
In cases of drunk driving, unlicensed driving, and hit-and-run accidents, a prosecutor's indictment may follow even if a civil or criminal settlement is reached, so responding thoroughly with an attorney at an early stage can be helpful.
At Daeryun Law Firm, criminal attorneys who have handled many drunk driving and traffic accident cases collaborate with experts in various fields to resolve cases promptly.
By lawfully collecting evidence and responding in advance without gaps, they guide cases favorably and actively assist clients.
If you are involved in a drunk driving case and need the help of an attorney, please entrust your case 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.
