Uijeongbu Criminal Attorney Case | Uijeongbu Criminal Attorney, Defense in a Summary Indictment for Refusal of a Breathalyzer Test

The client in this matter had a company dinner with colleagues and drank approximately one bottle of soju.

The client drank slowly, and because about one hour had passed since his last drink, he judged that he would be able to drive, and he operated his own motorcycle.

While driving the motorcycle in this way, he was stopped by a police officer for not wearing a helmet.

🔗Drunk driving: having driven under the influence, the client, when the police officer requested a breathalyzer test, pretended to exhale into the breathalyzer out of fear and refused the test.

As a result, the client was booked by the police for failing to comply, without justifiable cause, with the police officer's request for a breathalyzer test.

Seeking to reduce his sentence, the client requested the assistance of the Uijeongbu criminal attorney.

Punishment for Breach of the Duty to Comply With a Request for a Breathalyzer Test

Where a police officer deems it necessary for traffic safety and the prevention of danger, or where there are reasonable grounds to believe that a person has operated a motor vehicle or the like while under the influence of alcohol, the officer may measure, by means of a breath test, whether the driver is under the influence of alcohol. In such a case, the driver must comply with the police officer's measurement. -Article 44 (2) of the "Road Traffic Act"

A person who, despite being under the influence of alcohol or despite the existence of reasonable grounds to believe so, fails to comply shall be punished by imprisonment for not less than 1 year and not more than 5 years, or by a fine not exceeding 20 million won.

Where the person has a prior conviction of the same kind, of a fine or heavier, within the past 10 years: imprisonment for not less than 1 year and not more than 6 years, or a fine of not less than 5 million won and not more than 30 million won

* In addition to criminal punishment, the person is subject to revocation of the driver's license.

The Uijeongbu criminal attorney emphasized that the client, who acted out of momentary fear, acknowledged all of his fault and sincerely regrets his wrongdoing,

and that he prepared a written statement of reflection, vowing to become a law-abiding citizen who will not commit any unlawful act in the future.

The Uijeongbu criminal attorney emphasized that the client's acquaintances, vowing that if the client is given a chance to start anew, they will do their best to support him so that he does not reoffend,

are earnestly pleading for leniency for the client.

The Uijeongbu criminal attorney emphasized that the client is a first-time offender with no prior convictions, whether of the same kind or of a different kind, and that he is a member of society who has lived diligently and honestly.

Daeryun maintains numerous offices nationwide, enabling it to respond to cases throughout the country.

It provides consistent legal services anywhere in the country,

and it develops strategies and provides assistance based on continually accumulated experience in handling cases and on actual cases.

If you are facing a situation similar to the case above and have not found a solution, please reach out to a Uijeongbu criminal attorney at any time.