Jinju Attorney Recommendation | Named as an Accomplice to Drunk Driving, but Received a Non-disposition Through the Attorney's Assistance

The client had a drinking gathering with friends he ordinarily knew.

In the meantime, one of the friends drinking together, A, suddenly made a proposal. He said that he had rented a car, so they should go for a drive together.

The group, including the client, went outside for a moment, and A headed alone toward the vehicle, started the engine, and then turned it off again.

Having returned to the bar without anything in particular happening, the group continued drinking, and the time came for each of them to head home.

At that point, A again told the friends that he would personally drive the vehicle and take them home, and the other friends agreed.

The client expressed his intention to take a taxi, but A persuaded the client, saying that he had drunk only a little and that, since a good deal of time had passed, there was no problem with driving.

However, on the way home, A ended up causing an accident by hitting a road curb, and he was arrested at the scene.

As a result of the police investigation, A did not even hold a driver's license, and he even pointed to the client as an accomplice in the vehicle theft.

The client, who came under police investigation on three charges in a single morning, was unable to hide his bewilderment and 🔗Jinju attorney came to Daeryun Law Firm to receive a recommendation.

• What is the meaning of ‘aiding and abetting’?

- It refers to facilitating another person's criminal act, even without directly committing the offense oneself.

In the case of drunk driving, for example, not only the person who personally took the wheel while intoxicated but also a person who knew of this and did not stop it, or who instead encouraged it, cannot avoid punishment.

• Criminal Act Article 32 (Accessory)

(1) A person who aids and abets the crime of another shall be punished as an accessory

(2) The punishment of an accessory shall be mitigated below that of the principal offender.

The client had never taken part in A's special theft offense.

A clearly told the friends, “I rented the car.” The client likewise believed those words.

However, A's words were false. He had already stolen the vehicle. The Jinju attorney defended the client based on these circumstances.

The client was likewise entirely unaware in advance of the fact that A was driving without a license. This was because, in the past, the client and the client's other friends had rented a rental car with A's help.

At that time, A personally rented the car and delivered it, and for this reason the client assumed that A naturally held a driver's license.

For these reasons, the Jinju attorney emphasized that the charge of aiding and abetting unlicensed driving would also be difficult to apply.

The client acknowledged the charge of aiding and abetting drunk driving.

He reflected on the fact that the very act of getting into the car, trusting A's claim that he had drunk only a little, was a serious mistake.

In addition, the client's family was also working together to prevent the client's recidivism. The Jinju attorney emphasized these points and sought leniency.

Even when a person is implicated in the same offense, the level of punishment can vary greatly depending on a history of protective dispositions.

As in the case of the client who resolved the matter promptly after searching for a Jinju attorney recommendation, if you have a history of protective dispositions, you should be sure to receive the help of a professional from the investigation stage onward.

At this firm, attorneys with extensive experience in investigations and trials related to traffic matters, such as drunk driving and traffic accidents, provide professional legal services.

If you are facing concerns after becoming implicated in an offense, please promptly receive a 🔗attorney recommendation and proceed with a consultation.