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Violation of the Road Traffic Act (drunk driving)
Violation of the Road Traffic Act (drunk driving)Suspended sentence

Jeju Criminal Law Attorney Assistance Case | Assisting a Client With Three Prior Drunk Driving Offenses, Resulting in a Suspended Sentence Defense

The client who came to the Jeju attorney specializing in criminal law had received fines on three occasions for drunk driving, so the possibility of an actual custodial sentence was high. The client therefore requested a consultation regarding drunk driving from the Jeju attorney.

1. Jeju Criminal Law Attorney, the Reason the Client Came

The client who visited Daeryun's Jeju office to request a consultation with the Jeju attorney specializing in criminal law was at risk of an actual custodial sentence due to drunk driving. This was because he had a record of having received a fine for drunk driving on three prior occasions.

The Client's Circumstances as Identified by the Jeju Criminal Law Attorney

Jeju Criminal Law Attorney

The following is the background to the client's drunk driving as identified by the Jeju attorney specializing in criminal law.

After having drinks with acquaintances until late at night, the client called a designated driver service in order to return home in his own car.

However, even after a long time had passed, the designated driver did not arrive.

Recalling that he had an appointment early the next morning, the client ultimately drove while under the influence of alcohol.

After traveling approximately 2.5 km, the client, concluding that he could not possibly continue driving, stopped the car in the middle of the road and fell asleep.

A witness who discovered this made a report, and the client was indicted on a charge of drunk driving.

Having already received fines for drunk driving on three occasions, the client requested a consultation from Daeryun's Jeju attorney specializing in criminal law in order to defend against an actual custodial sentence.

Statutes Relevant to Drunk Driving Cases as Explained by the Jeju Criminal Law Attorney

With the enforcement of the amendment to the Road Traffic Act, aggravated punishment is applied to repeat drunk driving offenses. Let us examine, together with Daeryun, the sentences imposed for repeat drunk driving offenses.

■Information on statutes concerning the punishment of repeat drunk driving offenses

In the case of a repeat offense within ten years

Where a drunk driver who has been sentenced to a fine or heavier and whose sentence has become final commits a repeat drunk driving offense within ten years from the date the sentence became final (including a person whose sentence has lapsed), the punishment shall be in accordance with the following classifications

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

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

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

Blood alcohol concentration of 0.2% or higherImprisonment 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 less than 0.2%Imprisonment 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
Blood alcohol concentration of 0.03% or higher and less than 0.08%Imprisonment for not more than 1 year, or a fine of not more than 5 million won

2. Jeju Attorney Specializing in Criminal Law, Assistance in Defending Against an Actual Sentence

Considering that the client had committed the offense for a fourth time, the Jeju attorney specializing in criminal law had to make every effort to defend against a heavy sentence.

To this end, the attorney examined the circumstances at the time and submitted a letter of reflection and a petition for leniency, among other documents, to request leniency from the court.

Jeju Attorney Specializing in Criminal Law Emphasized That the Client Was Sincerely Remorseful

The client clearly recognized that no explanation or excuse could justify the offense in this case, and the attorney emphasized that the client was repeatedly reflecting and deeply remorseful.

The attorney emphasized that, having sufficiently realized how serious the wrongdoing was, including by writing a handwritten letter of reflection, the client was firmly resolved not to repeat the same mistake again.

Jeju Attorney Specializing in Criminal Law Emphasized That the Client's Prior Records Were All From Ten Years Ago

After being punished for drunk driving in the past, the client reflected deeply and had been careful not to drive under the influence for about ten years.

In order to avoid drunk driving, the client drank as close to home as possible, called a designated driver every time after drinking even a little, and had also called a designated driver immediately before the incident in this case, points which the attorney emphasized.

Jeju Attorney Specializing in Criminal Law Emphasized That the Client Has Dependents to Support

The client has a wife and two children as dependents, and the client supports the entire family.

The attorney emphasized that, if a heavy punishment were imposed on the suspect, the livelihood of the suspect's family would also be placed in difficulty.

3. Jeju Attorney Specializing in Criminal Law Successfully Defended Against an Actual Sentence by Having the Prosecutor's Appeal Dismissed and Obtaining a Suspended Sentence

The Jeju attorney specializing in criminal law succeeded in defending against an actual sentence by having the prosecutor's appeal dismissed as to the suspended sentence pronounced at the first instance, and by obtaining a suspended sentence.

In a Case of Repeat Drunk Driving, Because the Likelihood of an Actual Sentence Is High

This was a case in which, in a situation where an actual sentence was feared after three prior instances of repeat drunk driving, the client received the assistance of Daeryun's Jeju attorney specializing in criminal law and obtained a suspended sentence.

Because of recent amendments to the Road Traffic Act, if a person is caught for repeat drunk driving like the client, it may become difficult to avoid a heavier sentence, so prompt response with the assistance of an attorney specializing in this area is important.

Daeryun Law Firm operates a Drunk Driving and Traffic Accident Group and responds across all areas of traffic crime. This group has many precedents of bringing clients' cases to a favorable outcome, so please feel free to request assistance from a Jeju attorney specializing in criminal law at any time.

제주형사전문변호사

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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Attorney InWon KIM

InWon KIM

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Experience as Chief Prosecutor of the Criminal Division of the Hongseong Branch of the Daejeon District Prosecutors' Office and Chief Prosecutor of the Criminal Department of the Seoul Northern District Prosecutors' Office

Attorney HaNeul LEE

HaNeul LEE

T. 070-7510-1118

Attorney specializing in drunk driving

Attorney InKyung Lee

InKyung Lee

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Attorney specializing in drunk driving

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