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Deals & Cases

Violation of the Road Traffic Act (drunk driving)

Drunk Driving Attorney Assistance Case | Suspended Sentence for a Client With Four Prior Drunk Driving Convictions

The client who sought out the drunk driving attorney entrusted the case to an experienced attorney who had handled numerous drunk driving cases, and visited Daeryun seeking to reduce the sentence as much as possible.

CONTENTS
  • 1. The Client Who Sought a Drunk Driving Attorney
    • - The Client Facing a Custodial Sentence for Repeat Drunk Driving
  • 2. Case-Related Laws Explained by a Drunk Driving Attorney
    • - What Is the Sentence for Drunk Driving?
  • 3. The Drunk Driving Attorney's Case Response Strategy
    • - The Drunk Driving Attorney's Assistance (1): Argument That the Client Is Showing Sincere Remorse
    • - The Drunk Driving Attorney's Assistance (2): Argument That the Client Is Making Efforts to Prevent Reoffending
  • 4. Result of the Attorney's Assistance: Suspended Sentence
    • - When Facing a Custodial Sentence for Repeat Drunk Driving

1. The Client Who Sought a Drunk Driving Attorney

Daeryun drunk driving attorney drunk driving case assistance example

This is a case in which the client who sought out the drunk driving attorney had four prior drunk driving offenses yet committed drunk driving again and faced the risk of an actual custodial sentence, but received a suspended sentence with the attorney's assistance.

The Client Facing a Custodial Sentence for Repeat Drunk Driving

The circumstances of the client who came to the drunk driving attorney to request assistance are as follows.

After finishing a company dinner, the client went outside the restaurant to return home and called for a designated driver.

However, because it was very late and the weather was poor, a designated driver was not readily assigned.

The client then decided to drive himself, and ultimately drove the vehicle about 500 m with a blood alcohol concentration of 0.193%.

Not long afterward, the client's drunk driving was detected by a police officer conducting a sobriety checkpoint.

The client, who had four prior 🔗drunk driving punishment records, faced the risk of an actual custodial sentence as a result of this offense and requested assistance from a specialized attorney.

2. Case-Related Laws Explained by a Drunk Driving Attorney

Despite having four prior drunk driving convictions in total, the client again committed a repeat drunk driving offense and faced the risk of an actual custodial sentence.

The drunk driving attorney conducted a careful consultation with the client and examined in detail the sentencing range for drunk driving.

What Is the Sentence for Drunk Driving?

Anyone who drives a motor vehicle or similar while intoxicated is found to have committed drunk driving and is subject to punishment.

If a person commits a repeat drunk driving offense within 10 years from the date on which a sentence of a fine or heavier became final, the following punishment is imposed.

CategoryStatutory penalty
Blood alcohol concentration of 0.2% or higher Imprisonment with labor for not less than 2 years and not more than 6 years, or a fine of not less than 10 million won and not more than 30 million won
Blood alcohol concentration of 0.03% to less than 0.2%Imprisonment with labor 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

If a person whose license was revoked for drunk driving wishes to drive a motor vehicle again, the person must install a drunk driving prevention device.

Drunk driving prevention device

A person whose license is revoked again for drunk driving within 5 years from the date of violating the drunk driving prohibition must install a drunk driving prevention device to reacquire a license ▶ conditional driver's license system

3. The Drunk Driving Attorney's Case Response Strategy

Daeryun drunk driving attorney repeat drunk driving suspended sentence case

The drunk driving attorney accurately analyzed the circumstances of the case and established a careful strategy.

The attorney made the following arguments and earnestly requested leniency for the client.

The Drunk Driving Attorney's Assistance (1): Argument That the Client Is Showing Sincere Remorse

The client called a designated driver service in order to return home, but as the driver did not arrive for more than an hour, the client went through with drunk driving.

It was not that the client took the vehicle to the place where the drinking took place with the intention of drunk driving from the start.

Apart from the circumstances of the case, the client submitted a written statement of reflection along with a resolution to live without drinking for the rest of life.

The Drunk Driving Attorney's Assistance (2): Argument That the Client Is Making Efforts to Prevent Reoffending

The client not only disposed of the vehicle registered in the client's name but is also making efforts toward improvement by completing programs such as law-abidance education and education to prevent repeat drunk driving.

Through the cognitive behavioral therapy process, the client corrected the client's perception of drunk driving and came to realize that the only solution for preventing reoffense lies in abstaining from alcohol.

The client's family also pledged to provide active support for the client's improvement, and the client continues to make ongoing efforts, so it was emphasized that the likelihood of reoffense is low.

4. Result of the Attorney's Assistance: Suspended Sentence

The court, which accepted the argument of the drunk driving attorney, rendered a judgment stating, ‘The defendant is sentenced to eight months of imprisonment. However, the execution of the above sentence is suspended for two years from the date this judgment becomes final.’

Having avoided an actual custodial sentence and received a suspended sentence, the client extended sincere thanks to the drunk driving attorney.

When Facing a Custodial Sentence for Repeat Drunk Driving

The above case was one in which a client with four prior drunk driving offenses received a suspended sentence and avoided an actual custodial sentence with the assistance of a drunk driving attorney.

In drunk driving cases, it is important to accurately identify the legality of the breath test or any procedural issues and to establish a tailored strategy accordingly.

At Daeryun, 🔗traffic accident attorneys who have handled many drunk driving cases collaborate with experts in various fields to respond to cases systematically.

If you need the help of a specialist attorney in a situation similar to the above case, we hope you will entrust the matter through a 🔗legal consultation reservation.

음주운전변호사 조력 사례 | 음주운전전과 4회 의뢰인, 집행유예

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.

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