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Drunk drivingSuspension of sentencing

Drunk Driving Defense Case | Suspension of Sentencing for a Foreign Client Charged with Drunk Driving

The client involved in a drunk driving offense was a foreigner, and, facing an upcoming police investigation on charges of driving after consuming alcohol, the client requested the assistance of a criminal defense attorney.

1. A Client Caught for a Drunk Driving Offense

The client who was caught for a drunk driving offense faced the possibility of a heavy punishment on charges of driving under the influence, but, through the systematic assistance of a criminal defense attorney, the client was able to receive a judgment suspending the sentence.

Circumstances of the Driving Under the Influence

drunk driving offense refusal of breath test blood alcohol level license suspension standard strengthened punishment

On the day of the incident, the client had a meal out with family and drank beer.


Afterward, the client drove the vehicle that had been parked in a lot near the restaurant for about 200 meters, and during this process the client was stopped by a police officer.


As a result, the fact of driving under the influence was confirmed, and the client became involved in a drunk driving offense case.


The client stated, “Being familiar with the laws of the United States, I did not accurately recognize the drunk driving standards of the Republic of Korea,” and requested assistance with the drunk driving offense case.

2. Strategy to Defend Against Punishment for the Drunk Driving Offense

drunk driving offense aggravated punishment for repeat offense accident type classification determination of detention sentencing guidelines

Taking into account the fact that the client in the drunk driving offense case was a foreigner, we constructed a tailored response strategy that comprehensively reviewed the effect on the client's status and residence situation.

Demonstrating First-Offense Status and the Resolve to Prevent Reoffending

The client was a foreigner who, having lived abroad for a long time, was familiar with foreign laws.

Accordingly, the client stated, “I did not sufficiently know the domestic legal standards for drunk driving, but, through this incident, I have come to clearly recognize its seriousness,” and expressed deep remorse.

The criminal defense attorney appealed for leniency by emphasizing that the client had no record whatsoever of having been punished for drunk driving, and that the client was showing a strong resolve to prevent recurrence after this incident.

Consideration in Sentencing Through Pleas for Leniency from People Around the Client

In sentencing, the criminal defense attorney provided assistance so that the client's usual conduct in life and social relationships could be evaluated favorably.

In particular, by systematically organizing and submitting letters of appeal for leniency from the spouse and from surrounding company colleagues, the attorney emphasized that the client was a person who had lived diligently in daily life and that this incident was no more than a one-time mistake.

Through this, the attorney highlighted that the client posed a low risk of reoffending and had solid social ties, and actively pleaded so that this could be considered to the greatest extent in sentencing.

Emphasizing the Minor Blood Alcohol Level and the Absence of Any Accident

In this driving under the influence case, the client was detected with a relatively minor blood alcohol concentration of 0.036%.

Accordingly, on the premise that this level was not high, the criminal defense attorney actively argued the following points, focusing on the nature of the matter and the grounds for sentencing.

· The point that the blood alcohol concentration level fell within a relatively minor range

· The point that the level was confirmed during the enforcement process, not measured after a traffic accident

· The point that no traffic accident or personal or property damage whatsoever arose from the drunk driving

3. Result of the Drunk Driving Offense Case: “Suspension of Sentencing”

As a result of the assistance provided to the client involved in the drunk driving offense case, the court rendered a judgment suspending the sentence.

What Is Suspension of Sentencing?

Suspension of sentencing is a system under which guilt is acknowledged, but the pronouncement of the sentence is deferred for a certain period when the offense is minor and there are grounds for favorable consideration, such as remorse.

If there is no additional crime during the deferral period, it is treated as though no sentence was pronounced.

4. Level of Punishment for the Drunk Driving Offense

drunk driving offense enforcement and detection process administrative disposition procedure scope of criminal liability mitigating factors

The Road Traffic Act prescribes the following levels of punishment for a drunk driving offense 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 and less than 0.08%

Imprisonment for up to 1 year or a fine of up to 5 million won

0.08% or more and less than 0.2%

Imprisonment for 1 to 2 years or a fine of 5 million to 10 million won

0.2% or more

Imprisonment for 2 to 5 years or a fine of 10 million to 20 million won

Administrative Sanctions

When a person commits drunk driving (driving under the influence), an administrative disposition concerning the driver's license may be imposed separately from criminal punishment. The main standards are as follows.

Category

Applicable Standard

Suspension of the driver's license (within a range of up to 1 year) and imposition of 100 penalty points

Where a person drove with a blood alcohol concentration of 0.03% or more and less than 0.08%

Revocation of the driver's license

Where a person drove with a blood alcohol concentration of 0.08% or more

Revocation of the driver's license

Where a person, while driving with a blood alcohol concentration of 0.03% or more, caused the death or injury of a person in a traffic accident

Revocation of the driver's license

Where a person with a prior record of drunk driving or refusal of a breathalyzer test again drove with a blood alcohol concentration of 0.03% or more

If You Need the Assistance of a Specialist

As with the client in the above case, where a person is a foreigner, a response is needed that considers together not only the burden of criminal punishment but also the effect on residence status and future life in Korea.

Regardless of the gravity of the driving under the influence case, Daeryun Law Firm first identifies which factors most urgently need to be examined in the present situation, and then designs a practical response direction tailored to each client's status and residence conditions.

In addition, the firm has attorneys capable of communicating in foreign languages, so it minimizes the communication difficulties that may arise during the investigation and trial procedures, and provides close assistance so that the core of the case can be accurately conveyed.

If you are experiencing difficulties because you have become involved in a drunk driving offense case, please request assistance through the 🔗legal consultation appointment of Daeryun Law Firm, which assists in cases with its accumulated experience.

Drunk Driving FAQ

Frequently Asked Questions About the Drunk Driving Offense #1
Q. Are foreigners also subject to criminal punishment for drunk driving in Korea?

A. Regardless of nationality, the Road Traffic Act of the Republic of Korea applies equally, and foreigners are also subject to criminal punishment.

However, depending on the gravity of the case, it may affect residence status or visa extension, so the initial response is especially important.


Frequently Asked Questions About the Drunk Driving Offense #2
Q. Even for a first-time drunk driving offender, can an actual custodial sentence or a heavy punishment be imposed?

A. Even for a first-time offender, a heavy punishment may be imposed depending on the specific details of the case.

The level of punishment may vary depending on whether an accident occurred, the blood alcohol concentration level, and the existence of any prior record.

음주운전범죄

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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Attorney InWon KIM

InWon KIM

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Experience as Chief Prosecutor of the Criminal Division of the Hongseong Branch of the Daejeon District Prosecutors' Office and Chief Prosecutor of the Criminal Department of the Seoul Northern District Prosecutors' Office

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