Case Handled by a Jeju Attorney Specializing in Criminal Matters | Defending Against the Prosecutor's Appeal in a Drunk Driving Case, the Original Judgment Is Maintained

The Jeju attorney specializing in criminal matters examined the client's case closely in order to mount a thorough defense against the appeal.

The client had been driving with a blood alcohol concentration of 0.09%, failed to operate the brakes properly, and struck the vehicle ahead.

For this, the client had been prosecuted for violations of the Act on Aggravated Punishment of Specific Crimes and the Road Traffic Act, and had received a suspended sentence.

The Prosecutor's Grounds for Appeal:

“Drunk driving requires severe punishment. Despite a prior record of punishment for drunk driving, the client drove under the influence again and, this time, even caused a victim to be injured.

For these reasons, the sentence imposed by the original court is excessively lenient.”

Act on Aggravated Punishment of Specific Crimes, Article 5-11 (Dangerous Driving Causing Death or Injury)

(1) A person who, in a state in which normal driving is difficult due to the influence of alcohol or drugs, drives a motor vehicle and thereby causes injury to another shall be punished by imprisonment for not less than 1 year and not more than 15 years or by a fine of not less than 10 million won and not more than 30 million won; a person who thereby causes the death of another shall be punished by imprisonment for life or for not less than 3 years.

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

(1) No person shall drive a motor vehicle, tram, or bicycle while intoxicated.
(4) The standard for the state of intoxication for which driving is prohibited under paragraph (1) is a driver's blood alcohol concentration of 0.03 percent or higher.

The Daeryun Jeju attorney specializing in criminal matters emphasized that the client in the Jeju criminal case acknowledged all of the criminal facts and sincerely apologized to the victim.

The attorney argued that the original court had also taken this into account in sentencing, so the prosecutor's view that there was an error of unjust sentencing was without merit.

The Jeju attorney specializing in criminal matters also stated that the client had reached an amicable settlement with the victim in the Jeju accident, and that the victim did not wish for the defendant to be punished.

The Jeju criminal law attorney argued that the client in this Jeju criminal case had no record of any prior conviction of a suspended sentence or greater and had lived diligently in compliance with the law and public order as a law-abiding citizen.

The court of first instance had taken into account that the client was fundamentally law-abiding and had a strong sense of compliance with the law, reflecting this in sentencing. The attorney emphasized that the prosecutor's argument that the first instance sentencing contained grounds of illegality was without merit.

In addition, the Jeju criminal law attorney argued that the client deeply reflected on the matter and sold the vehicle with the resolve never to drive again.

A prosecutor files an appeal when the prosecution is not satisfied with the sentence sought at the first instance.

It is likely that the prosecutor is gathering additional evidence in order to argue for a heavier sentence.

For this reason, the key on appeal is to submit legal evidence that can rebut the prosecutor's arguments.

The criminal law attorneys at Daeryun Law Firm review and analyze the investigation records and establish a strategy that may be advantageous at trial in order to conduct the defense on appeal.

If you require a defense on appeal as described above, you are welcome to contact the Daeryun Jeju criminal law attorney.

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