CONTENTS
- 1. Geoje Attorney | Background of the Case
- - The Circumstances That Led to Drunk Driving Without a License
- - Result of the Trial of First Instance, Sentenced to Three Years of Imprisonment
- - The Circumstances That Led to Preparing an Appeal
- 2. Geoje Attorney | Review of the Case
- - Analysis of the Issues
- - Review of the Client's Situation
- 3. Geoje Attorney | Details of the Assistance
- 4. Geoje Attorney | Sentence Reduced to One Year of Imprisonment on Appeal
1. Geoje Attorney | Background of the Case
The Geoje attorney's client, despite having already had his license revoked due to past drunk driving, made the mistake of taking the wheel once again.
On the day of the incident, the client tried to call a designated driver after a drinking gathering with acquaintances, but he could not reach the designated driver.
In the end, judging that he would travel only a short distance, he drove himself and was caught in a police drunk driving checkpoint along the way.
The Circumstances That Led to Drunk Driving Without a License
The client was in a state of excessive drinking at the time due to personal stress.
In the midst of this, he received a call that his mother had been injured, and in his urgency he took the wheel.
He stated that he had originally intended to call a designated driver but could not reach one.
In the end, judging that he would travel only a short distance, he drove himself and was caught in a police drunk driving checkpoint along the way.
Result of the Trial of First Instance, Sentenced to Three Years of Imprisonment
The court of first instance gravely assessed the fact that the client had again driven while intoxicated after his license had been revoked due to past drunk driving, and it sentenced him to three years of imprisonment for violation of the Road Traffic Act.
The court took the recognized habitual nature seriously and emphasized that drunk driving is a serious crime that threatens the life and safety of others, imposing an actual custodial sentence.
The Circumstances That Led to Preparing an Appeal
The client found it difficult to accept the judgment of the trial of first instance, and he was left with regret that he had not been able to fully explain his situation.
In addition, judging that the sentence was excessive, he decided to appeal in consideration of the possibility of a reduced sentence, and with the help of the Geoje attorney he prepared an active defense.
2. Geoje Attorney | Review of the Case
The Geoje attorney closely analyzed the issues in the case and established a defense strategy reflecting the client's current situation.
In particular, considering the nature of drunk driving and the court's standards of judgment, the attorney conducted a multifaceted review in order to achieve the best possible result.
Analysis of the Issues
1. Whether the Drunk Driving Was Habitual
The client again drove while intoxicated while his license was revoked due to a past drunk driving record.
The Geoje attorney emphasized that the client deeply regrets his past wrongdoing and is steadily making efforts to prevent reoffending.
2. The Possibility of Considering the Motive for the Offense
The client argued that he had driven unavoidably in an urgent situation.
He emphasized that he had tried to call a designated driver but could not connect, and that he had simply intended to travel a short distance.
3. The Client's Remorse and Efforts to Prevent Reoffending
After the incident, he submitted a letter of apology each day, showing that he acknowledged his wrongdoing.
In addition, he promised to complete drunk driving prevention education and showed his willingness to receive alcohol counseling and treatment.
Through this, he actively made efforts to prevent reoffending so that the court would consider mitigating circumstances.
Review of the Client's Situation
The client was currently the head of his household, supporting his mother and grandmother on his own.
However, due to the client's incarceration, his ailing mother and elderly grandmother had come to face severe financial hardship.
Although drunk driving is a socially serious crime, it was necessary for the client to obtain a reduced sentence by proving that he was deeply remorseful and was making efforts to prevent reoffending.
Based on this close review of the client's situation, the Geoje attorney conducted a strategic defense so that a favorable judgment could be obtained on appeal.
3. Geoje Attorney | Details of the Assistance
The Geoje attorney presented the following defense in order to assist the client.
1. Inappropriateness of the Sentence
The three years of imprisonment imposed at the trial of first instance was an excessively heavy sentence compared to the client's degree of remorse and his efforts to prevent reoffending.
The attorney emphasized the need for a reduced sentence, presenting cases in which relatively lighter sentences had been imposed in similar matters.
2. Efforts to Prevent Reoffending
After the incident, the client continuously submitted 🔗drunk driving letters of apology and received alcohol counseling and treatment, making efforts to prevent recurrence.
In addition, he promised to complete drunk driving prevention education and actually attended the education, diligently engaging so that he could receive the court's leniency.
3. Submission of Petitions by Family and Acquaintances
The client's family and acquaintances submitted 🔗drunk driving petitions stating that the client was deeply remorseful as a result of this case and that they would actively help to ensure there would be no reoffending.
In particular, the client's coworkers and acquaintances conveyed opinions requesting leniency, emphasizing his usual diligent way of life.
4. Geoje Attorney | Sentence Reduced to One Year of Imprisonment on Appeal
With the assistance of the Geoje attorney, the court accepted some of the client's circumstances and reduced the sentence from the trial of first instance, imposing one year of imprisonment.
In this way, although drunk driving is a serious crime that poses great danger to society, if the client's situation is sufficiently explained during the defense and mitigating factors are emphasized, there may be a possibility of a reduced sentence.
In particular, because obtaining a reduced sentence in drunk driving cases on appeal is not easy, the 🔗criminal attorneys of Daeryun Law Firm accurately grasp the essence of the case and approach it strategically to help clients obtain a favorable result.
If, as in this case, you have a 🔗prior drunk driving conviction and are facing difficulties in resolving the case, receiving prompt legal assistance is important, so you may apply for a 🔗legal consultation reservation and discuss it.
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.
