[Mokpo Criminal Defense Attorney, Reduced Sentence] Client Sentenced to an Actual Custodial Term at First Instance Has Sentence Reduced to a Suspended Sentence on Appeal

When the police officer in this case requested a breath test, the client wished to undergo a 'blood draw' to confirm the fact of drinking.

The officer then sought to have the client board a patrol car in order to travel with the client to a hospital.

The intoxicated client suddenly grabbed the police officer's hand, gripped the officer's neck, and pushed the officer toward the road where vehicles were passing.

The client used physical force against a police officer who was carrying out the lawful execution of official duties, thereby committing the crime of obstruction of official duties.

As a result, the client had been sentenced to an actual custodial term at the original trial and was detained in the courtroom.

Seeking, with the assistance of an attorney specializing in this area, to obtain a reduction to a 'suspended sentence' on appeal and to be released, the client requested the support of the Mokpo criminal defense attorney.

■ Drunk Driving (DUI)

In the case of a repeat offense within 10 years for a simple instance of drunk driving

Where a drunk driver who has been sentenced to a fine or heavier punishment and whose sentence has become final commits drunk driving again within 10 years from the date the sentence became final (including a person whose sentence has been nullified), the offense shall be punished according to the following classifications.

▶ Refusal of a police breath test request

- Imprisonment with labor 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

▶ Blood alcohol concentration of 0.2% or higher

- Imprisonment with labor for not less than 2 years and not more than 6 years, or a fine of not less than 10 million won and not more than 30 million won

▶ Blood alcohol concentration of 0.03% or higher and below 0.2%

- Imprisonment with labor for not less than 1 year and not more than 5 years, or a fine of not less than 5 million won and not more than 20 million won

■ Obstruction of Official Duties

Article 136 (Obstruction of Official Duties)

① A person who commits assault or intimidation against a public official engaged in the execution of official duties shall be punished by imprisonment with labor for not more than 5 years or a fine of not more than 10 million won.
② A person who commits assault or intimidation against a public official with the intent to coerce or obstruct an act in the line of duty, or to compel the official to resign from office, shall be subject to the same punishment as provided in the preceding paragraph.

Article 137 (Obstruction of Official Duties by Deceit)

A person who obstructs the execution of a public official's duties by deceit shall be punished by imprisonment with labor for not more than 5 years or a fine of not more than 10 million won.

The Mokpo criminal defense attorney emphasized that the client deeply repented and reflected on the fact of the drunk driving offense,

that the client voluntarily deregistered and scrapped the vehicle within 3 days of the incident,

and that the client also completed recidivism-prevention education and resolved never again to commit drunk driving.

The Mokpo criminal defense attorney emphasized that the client, out of remorse and apology toward the injured police officer, deposited a substantial sum in an effort to convey an apology,

and that the injured police officer indicated an intention to receive the deposited amount.

The Mokpo criminal defense attorney emphasized that the client had divorced his wife and had to raise the young son born of that marriage on his own,

and that, because the client was in custody, the client's mother, who is well past her sixtieth year, was caring for the young son.

Daeryun Law Firm operates a system that provides consultations 365 days a year, 24 hours a day.

With offices in many locations, it is able to respond to cases throughout the country and provides legal services nationwide.

If you need the assistance of an attorney in a situation similar to the case above, please feel free to reach out to the Mokpo criminal defense attorney.