Anyang Attorney Consultation Case | Dismissal of the Prosecutor's Appeal in a Drunk Driving Case Through Anyang Attorney Consultation

Road Traffic Act Article 44 (Prohibition of Driving While Intoxicated)
(1) No person shall drive a motor vehicle, etc., a tram, or a bicycle while intoxicated.
(4) The standard for the state of intoxication under which driving is prohibited pursuant to paragraph (1) shall be a blood alcohol concentration of the driver of 0.03 percent or higher.

In the case of a repeat offense within 10 years
Where a person who has committed drunk driving and has been sentenced to a fine or heavier penalty, with that sentence having become final, commits drunk driving again within 10 years from the date the sentence became final (including a person whose sentence has lapsed), that person shall be punished according to the following classifications

Refusal of a police request for a sobriety test: 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
Blood alcohol concentration of 0.2% or higher: imprisonment 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 but 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

Through the Anyang attorney consultation, the client emphasized an attitude of acknowledging his wrongdoing and reflecting on it.

The client did not contest the original judgment and accepted it, spending a period of self-restraint.

In addition, the client is currently not driving a vehicle and commutes using public transportation.

The Daeryun Anyang attorney argued that the client had accepted the original judgment and was spending a period of deep reflection.

The Daeryun Anyang attorney also presented a rebuttal argument regarding the prior offense of the same kind, which was the ground for the prosecutor's appeal.

While it is true that the client has a record of drunk driving, the last instance of drunk driving was 20 years earlier.

Over the course of 20 years, the client did not commit any traffic offense such as drunk driving.

The Daeryun Anyang attorney emphasized that, contrary to the prosecutor's assertion, it was difficult to regard the client as having a habitual tendency toward drunk driving, and that the risk of future drunk driving was low.

As this is the summer vacation period, requests for attorney consultations concerning drunk driving are increasing.

A drunk driving case goes beyond a mere traffic regulation violation and can be a serious matter that brings criminal punishment along with social and economic loss.

An attorney specializing in this field at Daeryun Law Firm handles the complex legal procedures on the client's behalf, works to protect the client, and seeks to secure favorable evidence.

If you need an 🔗attorney consultation in a situation such as the one above, you are welcome to request a consultation from an Anyang attorney at Daeryun Law Firm.