[A Changwon Criminal Attorney's Defense Against an Actual Custodial Sentence] With the Assistance of a Changwon Criminal Attorney, a Fine Was Imposed Despite a Repeat Drunk Driving Offense

This is the account of the client who sought the assistance of the Changwon criminal attorney.

After work, the client drank until a late hour at a reunion of former classmates.

The client had not drunk a great deal, but after the gathering ended, the client tried to call a designated driver service, only to find that the phone's battery had died,

and the client tried to call a taxi but moved to his own car because his wallet was inside the vehicle.

When the taxi did not arrive for a long time, the client, feeling rushed and through a momentary lapse in judgment, ended up driving under the influence.

While driving, the client was subjected to a breath alcohol test and questioning by the police following a report by another vehicle, and the test result exceeded the alcohol concentration limit.

Having already been sentenced to fines for drunk driving on two occasions, the client faced the possibility of an actual custodial sentence as a result of this drunk driving detection, and came to Daeryun's Changwon criminal attorney.

In the context of drunk driving penalties, drunk driving refers to the act of operating a means of transportation while the body has not recovered to a normal state after consuming alcohol or drugs.

In Korea, Article 44 of the Road Traffic Act sets out provisions prohibiting 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

※ Where a significant amount of time has passed after drunk driving and the alcohol concentration at the time cannot be measured, the Widmark formula is used to calculate the blood alcohol concentration at the time of driving.

In the case of drunk driving, the standards for criminal punishment are being strengthened year after year,

and for a repeat offense, a two-strikes-out system that unconditionally suspends the driver's license regardless of the alcohol concentration is currently applied, so caution is needed.

In addition, because the situation can become more complicated if a person refuses a breath alcohol test in a drunk driving matter,

a clear assessment of the matter and steady assistance regarding future risks are needed, so it can be advisable to obtain the help of a specialist at an early stage.

The Changwon criminal attorney argued that the client fully admitted his wrongdoing regardless of the circumstances, and readily complied with the police breath alcohol test without fleeing.

Daeryun's drunk driving specialist attorney argued that, although the drunk driving was clearly the client's fault, no other accident occurred as a result of the client's drunk driving.

The attorney also contended that there was no direct property or personal harm caused by the client's mistake.

The client is distressed by the fact that his unlawful conduct caused harm to people who abide by the law.

Daeryun's Changwon criminal attorney argued that the client was deeply remorseful for having committed a repeat offense.

This case was an account in which a client who already had two prior drunk driving convictions received the assistance of the Changwon criminal attorney and succeeded in avoiding an actual custodial sentence and reducing the punishment to a fine.

Because, as with this client, a repeat drunk driving offense carries a high probability of an actual custodial sentence, prompt action with the assistance of counsel is most important.

Also, as with this client, when a person is detected through enforcement at the scene, it is better to admit the offense rather than deny it and to follow the instructions of the police.

At Daeryun Law Firm, specialized attorneys who have handled many drunk driving cases work to guide the client's case in a favorable direction.

If you need help with drunk driving, as in the case above, we invite you to entrust your case to a Changwon criminal attorney at Daeryun Law Firm at any time.