[Repeat Drunk Driving Assistance Case] A Repeat Drunk Driving Client Obtains a Suspended Sentence Through a Retrial Despite Three Prior Offenses

Before this offense, the repeat drunk driving client had already been caught drunk driving on three occasions.

Moreover, at the time of this drunk driving offense, the client's blood alcohol concentration was quite high at 0.203%, and the distance he drove, about 20 km, was also not short.

With such circumstances quite unfavorable to the client, and because he had committed repeat drunk driving despite having already been punished with fines on three occasions, the court sentenced the client to 1 year of imprisonment.

Obtaining a reduction of sentence, such as a suspended sentence, through a retrial required the help of a legal professional.

For this reason, Daeryun closely analyzed the client's past punishment history and the circumstances of this offense in order to reduce the punishment imposed on the repeat drunk driving client.

With the implementation of the amended Road Traffic Act, aggravated punishment now applies to repeat drunk driving. With Daeryun, we will review the sentencing imposed for repeat drunk driving.

■Statutory Information on the Punishment of Repeat Drunk Driving

In the Case of a Repeat Offense Within 10 Years

Where a drunk driver, within 10 years from the date on which a sentence of a fine or heavier becomes final after being imposed, commits repeat drunk driving again (including a person whose sentence has lapsed), the person shall be punished according to the classifications in the following items

▶Road Traffic Act, Article 44 (Prohibition of Driving While Intoxicated)

The standard for the intoxicated state in which driving is prohibited is a blood alcohol concentration of 0.03 percent or higher.

▶Road Traffic Act, Article 148-2 (Penalty Provisions)

Daeryun emphasized that, even after committing the offense, the client continually regretted and reflected on his conduct, attaching a letter of reflection written by the client himself.

Daeryun also emphasized that the client had written a pledge to eradicate drunk driving, stating that he would never engage in such conduct again.

Daeryun emphasized that, among the client's three prior drunk driving convictions, the first occurred 20 years ago and the most recent offense occurred 12 years ago, so a considerable amount of time had passed, and that the conduct therefore could not be regarded as anti-normative behavior repeatedly threatening the life and body of members of society.

Daeryun emphasized that the client had lived an exemplary life as a village head and that, in recognition of his service, he had received plaques of merit and commendation from the county governor.

Daeryun also attached petitions from about 200 of the client's acquaintances and emphasized that, on the basis of the client's social ties, there would be no risk whatsoever of him committing drunk driving again.

This was a case in which, despite three prior drunk driving offenses raising the concern of an actual custodial sentence, the client avoided a custodial sentence and obtained a suspended sentence with the assistance of a Daeryun Law Firm attorney who closely analyzed the client's situation and past record.

Due to the recent amendment of the Road Traffic Act, a person caught for repeat drunk driving, like the client, may find it difficult to avoid an even heavier sentence, so a prompt response with the assistance of an attorney can be important.

Daeryun Law Firm operates a Drunk Driving and Traffic Accident Group that handles all areas of traffic offenses. This group has handled many such client cases, so if you need help, you may inquire at any time.