CONTENTS
- 1. The Client Facing an Actual Sentence for a Third Drunk Driving Offense
- - Details of the Client's Case
- 2. Level of Punishment for a Third Drunk Driving Offense
- - Drunk Driving Sentencing Guidelines
- 3. The Specialized Lawyer Who Defended the Client With a Third Drunk Driving Offense
- - Emphasizing That There Was No Personal or Property Damage
- - Emphasizing That the Client Supports the Family's Livelihood
- - Emphasizing That the Vehicle Used in This Case Was Disposed Of
- 4. A Repeat Offense After Three Drunk Driving Offenses, but a Suspended Sentence
1. The Client Facing an Actual Sentence for a Third Drunk Driving Offense
This is the account of a client who sought a specialist attorney, stating that they faced an actual custodial sentence for a third drunk driving offense.
The client stated that they had been sentenced to an actual custodial sentence for drunk driving about 15 years earlier, and had prior convictions of a fine five years earlier and a fine four years earlier.
Accordingly, the client had three prior drunk driving convictions, and having driven under the influence once again, faced the prospect of an actual custodial sentence.
The client requested that detention alone be avoided, stating that if they were to serve an actual custodial sentence, their family's livelihood would be put at risk.
Details of the Client's Case
A specialized attorney with extensive experience defending against drunk driving cases promptly proceeded with a consultation and listened to the details of the client's case.
The client stated that, on the day of the incident, the client had dinner with coworkers and drank about two bottles of soju.
After parting with the coworkers, the client arrived home by designated driver service and, being hungry because dinner had been early, drank again while having a late-night snack.
The client then fell asleep, and after a considerable amount of time had passed, left home to go to work and took the wheel, at which point a police officer conducting a drunk driving checkpoint detected the drinking, placing the client at risk of an actual custodial sentence as a third drunk driving offense.
2. Level of Punishment for a Third Drunk Driving Offense
The client, who had been caught and punished for drunk driving three times yet drove under the influence again, appeared to the attorney as well to face a difficult task in avoiding an actual custodial sentence.
Under the Road Traffic Act, driving after drinking is strictly prohibited, and the standard for judging drunk driving is the blood alcohol concentration.
Driving with a blood alcohol concentration of 0.03 percent or higher results in punishment under the Road Traffic Act, and the level of punishment varies depending on the blood alcohol concentration and whether the offense is a repeat one.
If a person who has been sentenced to a fine or heavier for drunk driving and whose sentence has become final drives under the influence again within 10 years from the date the sentence became final, the following levels of punishment apply.
▶Blood alcohol concentration of 0.03 percent or higher but below 0.2 percent : 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
▶Blood alcohol concentration of 0.2 percent or higher : Imprisonment 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
Drunk Driving Sentencing Guidelines
The Sentencing Commission applies the following sentencing guidelines to 🔗drunk driving offenses.
Category | Mitigated | Basic | Aggravated |
Blood alcohol concentration of 0.03% or more but less than 0.08% | 1 million won ~ 3 million won | ~ 8 months | 6 months ~ 10 months |
Blood alcohol concentration of 0.08% or more but less than 0.2% | 6 months ~ 10 months | 8 months ~ 1 year 4 months | 1 year ~ 1 year 10 months |
Blood alcohol concentration of 0.2% or more | 1 year ~ 2 years | 1 year 6 months ~ 3 years | 2 years 6 months ~ 4 years |
In the client's case, there were aggravating factors as a third-time drunk driving offender, and because he had driven with a blood alcohol concentration of 0.15%, he faced a situation in which a sentence of imprisonment of one year or more could be imposed.
3. The Specialized Lawyer Who Defended the Client With a Third Drunk Driving Offense
The specialist attorney decided to mount a defense against an actual custodial sentence by emphasizing that the client, who faced a further drunk driving charge after three prior instances of drunk driving, would not reoffend and would fall into serious difficulty if an actual custodial sentence were imposed.
Emphasizing That There Was No Personal or Property Damage
The attorney emphasized that the client's drunk driving in this case caused no personal or property damage whatsoever.
The attorney also emphasized that, because the client commuted early in the morning, the risk on the road was comparatively low.
Emphasizing That the Client Supports the Family's Livelihood
The specialist attorney emphasized that the client is responsible for supporting the family.
The client's two children and wife rely solely on the client's salary to live.
The attorney emphasized that if an actual custodial sentence were imposed on the client, the livelihood of the family left behind would also be threatened.
In addition, the specialist attorney obtained and submitted petitions from the client's family members so that they could be reflected as sentencing materials.
Emphasizing That the Vehicle Used in This Case Was Disposed Of
The specialist attorney emphasized that the client had completed the disposal of the vehicle used in this case.
In order to eliminate the possibility of drunk driving, the client disposed of the vehicle they had driven at the time of this incident.
To prove this, the specialist attorney attached the vehicle sale agreement to the attorney's written opinion.
4. A Repeat Offense After Three Drunk Driving Offenses, but a Suspended Sentence
After hearing the attorney, the court imposed a suspended sentence of two years on the client.
Although the client had committed the offense of drunk driving a total of four times, the client was able to escape the threat of an actual custodial sentence and protect his daily life.
As reasons for imposing the suspended sentence, the court cited that the client acknowledged the offense and was showing remorse, and that the client had disposed of the vehicle and was resolving not to reoffend.
Because the likelihood of an actual custodial sentence is very high when a person is caught for drunk driving three times, it is necessary to seek the assistance of an attorney immediately upon being caught and to prepare 🔗drunk driving sentencing materials.
This firm's attorneys assign legal experts suited to the client's case and devise strategies that can lead to a result favorable to the client.
If you are facing the threat of punishment for a third or further drunk driving offense, please proceed now with 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.
