CONTENTS
- 1. How the Client Came to the Suseong-gu Criminal Specialist Attorney

- - The Client Who Came to the Suseong-gu Criminal Specialist Attorney
- - The Statutes Related to the Case as Explained by the Suseong-gu Criminal Specialist Attorney
- 2. The Suseong-gu Criminal Specialist Attorney's Strategy for Obtaining a Suspended Sentence

- - The Suseong-gu Criminal Specialist Attorney's Assistance Toward a Suspended Sentence
- - The Court's Determination on the Suseong-gu Criminal Specialist Attorney's Argument
- - It Can Be Advantageous to Proceed With the Case With the Assistance of a Suseong-gu Criminal Specialist Attorney
1. How the Client Came to the Suseong-gu Criminal Specialist Attorney
The client who came to the Suseong-gu criminal specialist attorney had been sentenced to a fine or heavier and then again committed drunk driving · driving without a license, placing the client in a situation where an actual custodial sentence was difficult to avoid.
Seeking the assistance of a specialized attorney, the client came to the Suseong-gu criminal specialist attorney.
The Client Who Came to the Suseong-gu Criminal Specialist Attorney
The client in this case had a prior record of committing drunk driving and being sentenced to a fine or heavier.
Four months later, the client again committed the offenses of drunk driving · driving without a license.
Having committed a repeat drunk driving offense without a driver's license and while intoxicated at a blood alcohol concentration of 0.118%, the client was placed in a situation where an actual custodial sentence was difficult to avoid.
Seeking the assistance of a specialized attorney in order to avoid an actual custodial sentence, the client came to the Suseong-gu criminal specialist attorney.
The Statutes Related to the Case as Explained by the Suseong-gu Criminal Specialist Attorney
■ Drunk driving
Where a repeat offense occurs within 10 years of a simple drunk driving detection
Where a drunk driver who has been sentenced to a fine or heavier again commits a repeat drunk driving offense within 10 years from the date the sentence became final (including a person whose sentence has lapsed), the person shall be punished according to the following classifications.
▶ Refusal of a police request for a breath alcohol test
- Imprisonment for not less than 1 year and not more than 6 years, or a fine of not less than 5 million won and not more than 30 million won
▶ Blood alcohol concentration of 0.2% 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
▶ Blood alcohol concentration of 0.03% or higher but less than 0.2%
- 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
Among the provisions of Article 152 (Penalty Provisions) of the Road Traffic Act, a person falling under any of the following shall be subject to imprisonment for not more than 1 year or a fine not exceeding 3 million won
▶ A person who drives an automobile without having obtained a driver's license or while the effect of the license is suspended
▶ An employer or others who directs a person without a driver's license or whose license is suspended to drive an automobile
▶ A person who, by false or other improper means, obtains a driver's license or is issued a driver's license or a certificate in lieu of a driver's license
2. The Suseong-gu Criminal Specialist Attorney's Strategy for Obtaining a Suspended Sentence
In order to obtain a suspended sentence in the client's case, the Suseong-gu criminal specialist attorney conducted a thorough consultation with the client, analyzed the case in depth, devised a suitable resolution plan, and assisted the client.
The Suseong-gu Criminal Specialist Attorney's Assistance Toward a Suspended Sentence
■ The Suseong-gu criminal specialist attorney emphasized that the client had promised not to drive while intoxicated and was making genuine efforts, such as writing a pledge of law compliance, completing cognitive-behavioral education, and attending video education on the prevention of repeat drunk driving offenses.
■ The Suseong-gu criminal specialist attorney emphasized that the client had solemnly promised to accept any punishment without complaint should the client commit the same offense again.
■ The Suseong-gu criminal specialist attorney emphasized that the client's conduct amounted to simple drunk driving, that the distance driven was relatively short at about 5 km, and that no accident, including any casualty, occurred.
The Court's Determination on the Suseong-gu Criminal Specialist Attorney's Argument
Accepting the argument of the Suseong-gu criminal specialist attorney, the court ruled, ‘The defendant is sentenced to imprisonment for 1 year. However, the execution of the said sentence is suspended for 2 years from the date this judgment becomes final.’
Through the assistance of the Suseong-gu criminal specialist attorney, the client was able to obtain a suspended sentence.
It Can Be Advantageous to Proceed With the Case With the Assistance of a Suseong-gu Criminal Specialist Attorney
If you, like the client in the case above, have committed a repeat drunk driving offense and need the assistance of a specialized attorney, we invite you to come to a Suseong-gu criminal specialist attorney at any time.
Drawing on extensive experience handling many cases, we will actively assist with your case.
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