[Namyangju Law Office] Acquittal in a Drunk Driving Case With the Assistance of a Namyangju Law Office

The Namyangju law office provided consultation guidance in order to review the client’s case.

The client had gone to a travel destination near Namyangju and, after finishing a meal at a restaurant, drove a passenger car to the lodging.

The one bottle of beer he had had with the meal became the problem.

Before reaching the lodging, he was found to be intoxicated at a sobriety checkpoint and came to be charged with drunk driving.

Because the client also had a prior record of having received a summary order for drunk driving, he needed the help of an attorney.

The client had not drunk excessively, and the amount was not enough to be caught at a sobriety checkpoint. He therefore visited the Namyangju law office and wished to resolve the case with the help of a Namyangju attorney.

The Namyangju law office explained that drunk driving is regulated under the Road Traffic Act.

In addition, the standard for punishing drunk driving is set at a driver’s blood alcohol concentration of 0.03% or higher.

In the case of drunk driving, the standards for criminal punishment have been strengthened further year after year.

Road Traffic Act

Article 44 (Prohibition of Driving While Intoxicated)

① No person shall drive a motor vehicle or the like, a tram, or a bicycle while intoxicated.

④ The standard for the state of intoxication in which driving is prohibited under paragraph 1 is a driver’s blood alcohol concentration of 0.03 percent or higher.

A person who has driven a motor vehicle or the like while intoxicated is punished according to the following classifications

_{(「Road Traffic Act」 Article 148-2(3)).}

The Namyangju law office emphasized that this was not the first time the client had been caught for drunk driving, explained the drunk driving ‘two-strikes-out’ system, and explained that the client fell under that system.

The drunk driving two-strikes-out system is a system that imposes more severe punishment on a person who commits drunk driving within 10 years.

The starting point for this system is not the date the drunk driving was detected but the date on which a sentence of a fine or heavier for the drunk driving became final.

Less than 10 years had passed since the date on which the client received a fine by summary order for past drunk driving.

Accordingly, if a conviction became final in this case handled by the Namyangju law office, the client could receive an even more aggravated disposition.

The Namyangju law office compared >the time from the ‘last drinking time’ to the ‘breath test time’< with >the time from the ‘last driving time’ to the ‘breath test time’<.

This is because, between 30 and 90 minutes after drinking, the blood alcohol concentration reaches its peak, which falls within the ‘rising phase’.

If the time at which driving ended falls within the rising phase, the blood alcohol concentration at the time of driving may be lower than the concentration actually measured.

The Namyangju law office relied on the above ‘rising phase of blood alcohol concentration’ as its basis.

It explained that, because 32 minutes had passed from the client’s last drinking time to the breath test time and 5 minutes had passed from the last driving time to the breath test time, it could be inferred that the client was in the blood alcohol concentration ‘rising phase’ after drinking.

On this basis, the Namyangju law office argued that, at the actual time of driving, the client’s blood alcohol concentration did not meet the 0.03% punishment standard, but that, at the time of the breath test, he was already in the rising phase and therefore only barely met 0.03%.

The Namyangju law office further strengthened its argument by citing precedents in drunk driving cases similar to the client’s in which an acquittal had been obtained.

In wrapping up the client’s case, the Namyangju law office pointed out that, at the early police investigation stage, the client had spoken incoherently during the first questioning he had ever undergone.

Because early response is important in criminal cases, it is important to receive the assistance of defense counsel from the investigation stage.

Because a statement made at the police stage may later operate to one’s disadvantage or in a contradictory way, it is advisable to obtain the help of a reliable criminal defense attorney.

If you are considering a Namyangju law office in the Namyangju area, you may visit the Daeryun Law Firm Namyangju office for an in-depth consultation with an experienced attorney.

You may not be able to entrust your case to just any attorney. Where possible, you may wish to entrust it to a place where a reliable, experienced attorney handles the case directly.

You may think that a large law firm would be slower in handling cases, but Daeryun Law Firm forms a case-handling team at each office and prioritizes prompt communication with clients and a fast case-handling pace.

If you are looking for a Namyangju law office, you may first try an in-person consultation.