CONTENTS
- 1. The Client Whose Repeat Drunk Driving Was Discovered
- - The Circumstances of Becoming Involved in a Drunk Driving Case
- 2. Repeat Drunk Driving: What Is the Case-Related Information?
- - What Are the Penalties for Drunk Driving?
- - Drunk Driving: What Are the Penalties for Reoffending?
- 3. Areas of Assistance for Defending Against Penalties for Repeat Drunk Driving
- - Drunk Driving Attorney's Argument ① No Personal Injury or Property Damage Accident
- - Drunk Driving Attorney's Argument ② A Small Amount of Alcohol Consumed
- - Drunk Driving Attorney's Argument ③ Sufficient Remorse
- 4. Result of the Repeat Drunk Driving Assistance: “Suspended Sentence”
- - If You Are Facing Penalties for Drunk Driving
1. The Client Whose Repeat Drunk Driving Was Discovered
The client, who faced the risk of criminal punishment for a repeat drunk driving offense and had a high likelihood of an actual custodial sentence due to reoffending, obtained a decision of a suspended sentence with the assistance of an attorney with extensive experience in drunk driving cases.
The Circumstances of Becoming Involved in a Drunk Driving Case
The client, who committed a repeat drunk driving offense, on the day of the incident briefly went to purchase an item on the way home from work at his child's request.
As it was taking longer than expected, the client drank a can of beer nearby, intending to call a designated driver.
The client, however, having drunk only a little and thinking lightly of it because the distance was short, ended up taking the wheel.
Not long after, the client was caught by police conducting a drunk driving crackdown.
The client, who had a prior record of being sentenced to a fine for drunk driving, sought out a drunk driving attorney to request assistance in order to avoid at least an actual custodial sentence for the repeat drunk driving offense.
2. Repeat Drunk Driving: What Is the Case-Related Information?
As in the account of the client who committed repeat drunk driving, drunk driving may lead to severe punishment because it can cause harm to the property and lives of others.
If a person reoffends, as the client did, they will be subject to even more severe punishment.
The level of punishment is as follows.
What Are the Penalties for Drunk Driving?
| Blood alcohol concentration of 0.03% or higher but less than 0.08% | Imprisonment of not more than 1 year or a fine of not more than 5 million won |
| Blood alcohol concentration of 0.08% or higher but less than 0.2% | Imprisonment of 1 to 2 years or a fine of 5 million to 10 million won |
| Blood alcohol concentration of 0.2% or higher | Imprisonment of 2 to 5 years or a fine of 10 million to 20 million won |
Drunk Driving: What Are the Penalties for Reoffending?
However, if a person commits a repeat offense within 10 years after being sentenced to a fine or heavier, more severe punishment is imposed.
| Blood alcohol concentration 0.03% or higher and less than 0.2% | imprisonment of 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 |
| Blood alcohol concentration 0.2% or higher | imprisonment of 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 |
3. Areas of Assistance for Defending Against Penalties for Repeat Drunk Driving
For the client who faced the risk of criminal punishment as a repeat drunk driving offender, the drunk driving attorney closely identified factors for consideration in mitigation.
The attorney also formed a task force with attorneys who had handled numerous drunk driving cases and discussed a strategy to defend the client against punishment.
Drunk Driving Attorney's Argument ① No Personal Injury or Property Damage Accident
The drunk driving attorney emphasized that the client did not cause an accident through drunk driving.
The client was caught in a police drunk driving check while driving a short distance.
Through this, the attorney was able to assert that the client had not caused harm to another person's property or body and to appeal for leniency for the client.
Drunk Driving Attorney's Argument ② A Small Amount of Alcohol Consumed
The drunk driving attorney emphasized that the client had not consumed a large amount of alcohol.
The client had drunk one can of beer at the time and was caught immediately after drinking.
We were able to argue that the client's amount of alcohol consumed and blood alcohol concentration were low compared to a typical drunk driving matter.
Drunk Driving Attorney's Argument ③ Sufficient Remorse
The client emphasized that he was sufficiently reflecting on his conduct and was making efforts to prevent reoffending in the future.
The client wrote a letter of reflection and completed various drunk driving reoffending prevention education courses.
Based on this, it was possible to highlight that the client was sufficiently reflecting on his conduct and had the will not to reoffend.
4. Result of the Repeat Drunk Driving Assistance: “Suspended Sentence”
As a result of a drunk driving attorney's assistance to a client who was a repeat drunk driving offender, the court imposed a suspended sentence.
The client conveyed thanks, saying that thanks to the drunk driving attorney's assistance, the client was able to avoid an actual custodial sentence despite being a repeat drunk driving offender.
If You Are Facing Penalties for Drunk Driving
This was the account of a client who faced the risk of an actual custodial sentence for a repeat drunk driving offense, but was able to conclude the case with a suspended sentence through the assistance of a drunk driving attorney.
Because drunk driving is subject to more severe punishment from the second offense onward, if a person becomes involved, it is important to promptly receive the assistance of an experienced attorney and establish a strategy to defend against punishment.
At Daeryun LLC, attorneys with extensive experience in drunk driving cases form a task force and provide assistance for the prompt resolution of the client's case and defense against punishment.
If, like the client, you face the risk of criminal punishment for a repeat drunk driving offense, please promptly establish a strategy to defend against punishment through a 🔗legal consultation appointment.
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