CONTENTS
- 1. The client who came to the drunk driving specialist attorney
- 2. The level of punishment explained by the drunk driving specialist attorney
- - The level of punishment for a repeat offense
- 3. The assistance and strategy of the drunk driving specialist attorney
- - Efforts to prevent reoffending
- - Emphasis on the support circumstances and the background of the incident
- - Presentation of Favorable Mitigating Materials
- 4. A Suspended Sentence Obtained Through the Assistance of a Drunk Driving Specialist Attorney
- - If You Are Facing Punishment for Repeat Drunk Driving
1. The client who came to the drunk driving specialist attorney
The client who came to the drunk driving specialist attorney had a record of having been punished several times in the past for drunk driving.
There was even a record of an actual custodial sentence of imprisonment having been imposed, and despite this, the client was indicted this time again on suspicion of having driven a considerable distance while intoxicated.
Suffering from anxiety that, because of the past actual custodial sentence, an actual custodial sentence might again be imposed this time, the client sought an attorney with extensive experience in drunk driving cases in order to avoid a heavy sentence, and entrusted the case to our firm.
2. The level of punishment explained by the drunk driving specialist attorney
The drunk driving specialist attorney will explain in detail the level of punishment for drunk driving.
If a person is caught for drunk driving, the person is subject to the following criminal punishment according to the blood alcohol concentration level.
Road Traffic Act, Article 148-2, Paragraph 3
Blood alcohol concentration | Level of punishment |
0.03% or more but less than 0.08% | Imprisonment for not more than 1 year or a fine of not more than 5 million won |
0.08% or more but less than 0.2% | Imprisonment for not less than 1 year but not more than 2 years, or a fine of not less than 5 million won but not more than 10 million won |
0.2% or more | Imprisonment for not less than 2 years but not more than 5 years, or a fine of not less than 10 million won but not more than 20 million won |
The level of punishment for a repeat offense
As in the client's case, a person who is sentenced to a punishment of a fine or heavier for drunk driving and, within 10 years from the date on which that sentence becomes final, again commits the same crime is subject to the following punishment.
Road Traffic Act, Article 148-2, Paragraph 1
Blood alcohol concentration | Level of punishment |
0.03% or more but less than 0.2% | Imprisonment for not less than 1 year but not more than 5 years, or a fine of not less than 5 million won but not more than 20 million won |
0.2% or more | Imprisonment for not less than 2 years but not more than 6 years, or a fine of not less than 10 million won but not more than 30 million won |
3. The assistance and strategy of the drunk driving specialist attorney
After closely reviewing the indictment, the drunk driving specialist attorney recognized that the risk of reoffending was high in that, in the past, the client had been sentenced for drunk driving to all of a fine, a suspended sentence, and an actual custodial sentence.
Thereafter, through the following strategy, the attorney actively provided assistance so that the client would not be subject to an actual custodial sentence of imprisonment.
Efforts to prevent reoffending
The attorney emphasized that, after the past actual custodial sentence, the client had refrained from drunk driving for several years, and that, in order to avoid reoffending, the client had moved the client's residence to near the workplace and lived there.
In addition, the attorney proved that, after the incident occurred, the client had voluntarily completed reoffending-prevention education and made efforts to change, so that the court could determine that the likelihood of future reoffending was low.
Emphasis on the support circumstances and the background of the incident
The attorney actively highlighted that the client is supporting an elderly mother in her 70s who is ill and living alone, and that, after a divorce, the client has been a head of household who has continuously raised a daughter alone.
In particular, the attorney explained that, on the day of the incident, which was Parents' Day, the client came to drive while returning home after having a drink during a meal with family, and that the blood alcohol concentration was also 0.045%, which is not a serious level.
Presentation of Favorable Mitigating Materials
A range of materials was submitted to the court, including the client's letter of reflection, a petition from the family, a certificate of completion of recidivism-prevention education, and a monthly rental lease agreement near the client's workplace.
Through these materials, it was demonstrated that the client was not merely expressing remorse in words but was in fact improving his living environment and preventing recidivism with a responsible attitude, which had a positive effect on sentencing.
4. A Suspended Sentence Obtained Through the Assistance of a Drunk Driving Specialist Attorney
After thoroughly reviewing the arguments and the materials submitted by the drunk driving specialist attorney, the court took into account the recidivism-prevention efforts shown by the client and the particular circumstances of the client's family relationships.
As a result, notwithstanding a prior record of an actual custodial sentence, the client once again received imprisonment with labor with a suspended sentence and was able to avoid detention.
In the end, the client was able to relieve considerable anxiety and return to daily life, and the judgment was confirmed as rendered without any appeal by the prosecutor.
If You Are Facing Punishment for Repeat Drunk Driving
Drunk driving (DUI) is an offense that courts treat with severity in light of the likelihood of recidivism and its social impact.
In particular, where there is a prior record, the likelihood of an actual custodial sentence is high, so it is more important than anything else to prove recidivism-prevention efforts and specific grounds for mitigation in sentencing.
At Daeryun Law Firm, we establish response strategies tailored to each client, based on our experience handling numerous drunk driving cases and our extensive practical know-how.
In addition, through collaboration with civil and administrative specialist attorneys, we have the scale to respond on a one-stop basis, from civil litigation arising from drunk driving harm to administrative litigation relating to driver's licenses.
If you are facing the risk of heavy punishment due to repeat drunk driving, 🔗Legal Consultation Reservation we invite you to entrust your case to us.
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