Deals & Cases
[Jinju Criminal Case Attorney Assistance] Establishing That the Evidence of the Drunk Driving Charge Was Insufficient and Securing a Non-Referral
The client who came to the Jinju criminal case attorney was booked on a charge of drunk driving even though he had not driven while intoxicated, placing him in a deeply unfair situation. He came to the Jinju criminal case attorney to seek the assistance of an experienced attorney.
1. How the Client Came to the Jinju Criminal Case Attorney
The client who came to the Jinju criminal case attorney had gotten into a dispute with another person over a parking issue.
When the other person said he would report the matter to the police, the client assumed it was a report about the parking issue and did not respond.
However, the other person reported the client for drunk driving.
The client came to the Jinju criminal case attorney to seek the help of an experienced attorney.
The Client Who Came to the Jinju Criminal Case Attorney
After finishing work, the client went to a restaurant to have dinner with an acquaintance.
The client parked near the restaurant, went inside, and began talking with the acquaintance.
He had only lightly touched soju to his lips and had not drunk even half a glass when he received a request to move his car.
The client got into a dispute with the other party over a parking issue.
When the other party said he would report the matter to the police, the client told him to do as he pleased, then went back inside and drank.
However, the other party had reported the client not for the parking issue but for drunk driving.
Thirty minutes after the client had started drinking, the police arrived and conducted a breathalyzer test, leaving the client in a deeply unfair situation.
He came to the Jinju criminal case attorney to seek assistance.
Statutes Relevant to the Case as Explained by the Jinju Criminal Case Attorney
■ Drunk Driving
▶ Where a single instance of drunk driving is detected and it is a repeat offense within 10 years
Where a person who has been sentenced to a fine or a heavier penalty for drunk driving commits drunk driving again within 10 years from the date the sentence became final (including a person whose sentence has lapsed), that person is punished according to the following subparagraphs.
▶ Article 44 (Prohibition of Driving While Intoxicated)
The standard for the intoxicated state in which driving is prohibited is a driver's blood alcohol concentration of 0.03 percent or higher.
▶ Article 148-2 (Penal Provisions)
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
Blood alcohol concentration of 0.03 percent or higher but lower than 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
2. The Jinju Criminal Case Attorney's Strategy for a Non-Referral
Through close consultation with the client, the Jinju criminal case attorney analyzed the client's case, and assisted the client by submitting supporting evidence that could back up the client's account.
The Jinju Criminal Case Attorney's Assistance Toward a Non-Referral
▶ The Jinju criminal case attorney emphasized that, as seen in the dashcam footage, the client's behavior and gait appeared entirely normal for someone who was not under the influence of alcohol.
▶ The Jinju criminal case attorney emphasized that, because there was a time gap of about 1 hour between the moment of the breathalyzer test and the moment of driving, the blood alcohol concentration at the time of driving was likely lower than that measured at the time of the test.
▶ The Jinju criminal case attorney emphasized that the evidence submitted by the prosecutor was not sufficient to establish that, at the time of driving, the client was in an intoxicated state with a blood alcohol concentration of 0.05% or higher, the statutory threshold.
3. The Police's Determination on the Jinju Criminal Case Attorney's Arguments
'The suspect has no charge to answer because the evidence is insufficient.'
The Jinju criminal case attorney's arguments were accepted, and the police issued a non-referral decision in the client's case.
Proceeding With the Case With the Assistance of the Jinju Criminal Case Attorney Is Advantageous
If, like the situation above, you have been unfairly implicated in a drunk driving offense and need the help of an experienced attorney, you may turn to the Jinju criminal case attorney at any time.
Drawing on a range of resolved cases and extensive experience handling drunk driving matters, we will actively assist with your case.
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This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
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