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[Driving Under the Influence Without a License Defense Case] A Fine Obtained for Driving Under the Influence Without a License Through Attorney Assistance
1. The Client Who Came to Us for Help With Driving Under the Influence Without a License
The Circumstances at the Time of Driving Under the Influence Without a License
The client in this case had a prior record of operating an electric scooter under the influence and had paid a traffic penalty as a result.
After drinking with an acquaintance, the client tried to call a taxi on the way home, but when no taxi was available, the client took the wheel.
While driving, the client was stopped at a police breathalyzer checkpoint and faced punishment for driving under the influence without a license.
The client asked an attorney at Daeryun Law Firm to defend against the punishment for driving under the influence without a license.
The Level of Punishment for Driving Under the Influence Without a License
There is no separate punishment for driving under the influence without a license; driving without a license and drunk driving are punished separately.
Level of punishment for driving under the influence without a license (driving without a license and drunk driving)
1. Where it is a first drunk driving offense or there is no record of a fine or heavier punishment within the past 10 years
| Blood alcohol concentration | Penalty |
| 0.2 percent or higher | Imprisonment of 2 to 5 years or a fine of 10 million to 20 million won |
| 0.08 percent or higher but below 0.2 percent | Imprisonment of 1 to 2 years or a fine of 5 million to 10 million won |
| 0.03 percent or higher but below 0.08 percent | Imprisonment of at least 1 year or a fine of up to 5 million won |
2. Punishment for the crime of driving without a license
| Driving without a license | Imprisonment of up to 1 year or a fine of up to 3 million won |
2. The Specialized Attorney's Strategy to Protect a Client Who Drove Under the Influence Without a License
The Client's Sincere Remorse for Driving Under the Influence Without a License
The attorney requested that the court take into account that the client's earlier instance of drunk driving involved an electric scooter rather than a vehicle.
The client also admitted all of the charged facts of driving under the influence without a license and was sincerely remorseful.
The team handling the case of driving under the influence without a license organized the materials so that the client's sincere remorse could be conveyed clearly, and the team explained the necessary procedures.
The Short Distance of the Client's Driving Under the Influence Without a License
There was no excuse for the fact that the client drove under the influence without a license, but the attorney requested that the court take into account that the distance the client drove was short, about 500 meters.
The attorney also requested that the court consider that the client's driving under the influence without a license caused no property damage or personal injury.
The Efforts Being Made to Prevent a Repeat of Driving Under the Influence Without a License
The attorney emphasized that, since the case of driving under the influence without a license, the client had been commuting by company shuttle bus and walking home whenever there was a drinking engagement.
The attorney also emphasized that the period of the client's license revocation had been extended, and that the client, having experienced the inconvenience of being unable to drive, had pledged never to drive under the influence without a license again.
3. The Result of the Case of Driving Under the Influence Without a License: a Fine
How Should You Respond When Driving Under the Influence Without a License Occurs?
If, like the client in this case, you are involved in an incident of driving under the influence without a license, you should follow the police instructions exactly, even amid your distress.
If you do not follow the police instructions, you will face heavier punishment.
Fortunately, the client in this case admitted all of the charged facts and repented of the wrongdoing, and as a result was able to receive a fine rather than an actual custodial sentence for driving under the influence without a license.
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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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