CONTENTS
- 1. The Client's Situation
- - The Client Booked on a Charge of Drunk Driving
- 2. The Statutes Relevant to the Case Explained by the Seongnam Drunk Driving Attorney
- - Penalty Levels for Drunk Driving
- 3. The Seongnam Drunk Driving Attorney's Two Forms of Assistance
- - Form of Assistance ① Deep Remorse
- - Form of Assistance ② Prevention of Reoffending
- 4. The Prosecution's Decision on the Seongnam Drunk Driving Attorney's Arguments
- - If You Have Been Booked on a Charge of Drunk Driving
1. The Client's Situation
The client, having been booked on a charge of drunk driving, came to the Seongnam attorney to handle the case together with an attorney and reduce the penalty for drunk driving as much as possible.
The Client Booked on a Charge of Drunk Driving
The account of the client, who requested assistance, is as follows.
The client met a friend for the first time in a while and drank together at a restaurant.
After spending an enjoyable time with the friend, the client stepped out of the restaurant a few hours later to head home.
The client had intended to call a designated driver to get home but received only the response that no driver was available, which left the client in a difficult situation.
Unable to wait any longer, the client ultimately decided to drive under the influence and began operating the vehicle.
While driving, the client encountered a police officer conducting a drunk driving check and was booked on a charge of drunk driving.
Having driven with a blood alcohol concentration of 0.050%, the client requested assistance from the Seongnam attorney to reduce the 🔗penalty for drunk driving.
2. The Statutes Relevant to the Case Explained by the Seongnam Drunk Driving Attorney
Drunk driving refers to operating a means of transportation in a state in which the body has not recovered to a normal condition after consuming alcohol or drugs.
Because drunk driving carries a high risk of causing accidents and threatens the lives and safety of innocent people, the courts punish it severely.
※ Means of transportation: includes both bicycles and motorized bicycles
Penalty Levels for Drunk Driving
From 2025, a person who drives under the influence is punished at the following levels.
Blood alcohol concentration | Penalty level | License |
0.03% or higher | Imprisonment for not more than 1 year or a fine not exceeding 5 million won | Driver's license suspension |
0.08% or higher but 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 | Driver's license revocation |
0.2% or higher | Imprisonment for not less than 1 year and not more than 5 years or a fine of not less than 10 million won and not more than 20 million won | |
Refusal of a breathalyzer test | 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 | |
Driving without a license | Imprisonment for not more than 1 year or a fine not exceeding 3 million won |
Since October 25, 2024, the
3. The Seongnam Drunk Driving Attorney's Two Forms of Assistance
The Seongnam drunk driving attorney analyzed the circumstances of the case in detail and established a tailored response plan.
The attorney advanced the following two arguments and requested leniency for the client.
Form of Assistance ① Deep Remorse
The client's residence is in a sparsely populated area far from the town center, a place that designated drivers avoid serving.
At the time of the incident, the client, unable to call a designated driver, grew anxious as the time kept getting later, failed to exercise normal judgment, and went ahead with drunk driving.
Regardless of the circumstances of the incident, the client clearly recognizes that the offense was a serious wrong and is sincerely remorseful for it.
The attorney emphasized that, along with a pledge never to repeat the same wrong, the client had written a letter of apology.
Form of Assistance ② Prevention of Reoffending
The client realized the dangers of drunk driving and took the special traffic safety education in order not to reoffend.
In addition, the client applied for and completed a separate drunk driving reoffending prevention education program.
The client also wrote a pledge to eradicate drunk driving and a pledge to abide by the law in front of the client's family.
To fundamentally resolve the drinking problem and eliminate any possibility of reoffending at its source, the client has enrolled at a psychological counseling center and in hospital treatment and is receiving treatment.
The attorney emphasized that, as the client is doing the utmost to improve, the risk of reoffending is low.
4. The Prosecution's Decision on the Seongnam Drunk Driving Attorney's Arguments
The prosecution, accepting the Seongnam drunk driving attorney's arguments, ultimately reached a decision of non-prosecution.
The client, whose case was resolved promptly through the decision of non-prosecution, expressed deep gratitude to the Seongnam attorney.
If You Have Been Booked on a Charge of Drunk Driving
Because drunk driving cases are punished strictly and can lead to outcomes such as revocation of the driver's license and criminal punishment, it is important to respond promptly at an early stage of the case.
It is necessary to closely analyze the details of the case with an attorney and establish a lawful defense strategy accordingly.
At Daeryun, a team of 🔗traffic accident attorneys with long experience analyzes the problem from various perspectives and presents a solution tailored to the client.
If you are involved in a drunk driving case and need the assistance of an attorney, please request assistance through a 🔗legal consultation appointment.
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.
