Ansan attorney | Defended a repeat drunk driving client and successfully avoided imprisonment

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

(1) No person shall drive a motor vehicle, etc. (including construction machinery other than the construction machinery under the proviso to Article 26 (1) of the Construction Machinery Management Act; hereinafter the same shall apply in this Article, Article 45, Article 47, subparagraphs 1 through 4 of Article 93 (1), and Article 148-2), a tram, or a bicycle while intoxicated.

🔗Road Traffic Act Article 148-2 (Penalty Provisions)

(1) A person who, after being sentenced to a fine or heavier punishment for violating Article 44 (1) or (2) (limited to cases of driving a motor vehicle, etc. or a tram; provided that cases of driving a personal mobility device are excluded; hereinafter the same shall apply in this Article) and whose sentence has become final, violates Article 44 (1) or (2) again within 10 years from the date the sentence became final (including a person whose sentence has lapsed) shall be punished according to the following classifications.

3. Among persons who have violated Article 44 (1), a person whose blood alcohol concentration is 0.03 percent or more but less than 0.2 percent shall be punished by imprisonment for not less than 1 year but not more than 5 years or a fine of not less than 5 million won but not more than 20 million won.

The Ansan attorney's client violated Article 44 of the Road Traffic Act by driving a vehicle while intoxicated, and because the client's blood alcohol concentration was 0.178%, they faced the risk of imprisonment for not less than 1 year but not more than 5 years or a fine of not less than 5 million won but not more than 20 million won.

The Ansan attorney's client has acknowledged their wrongdoing and been sincerely remorseful from the early stage of the investigation.

The client actively cooperated with the police who requested a breathalyzer test and admitted to all of the criminal facts from the investigation stage.

The client has stated that they have no objection to the punishment arising from this case and has consistently acknowledged their wrongdoing and been deeply remorseful from the investigation stage through to this trial.

The Ansan attorney's client has resolved to live without committing any further unlawful acts.

In order to break the habit of drunk driving, the Ansan attorney's client sold the vehicle used in the drunk driving in this case.

In addition, the client even gave up reacquiring a driver's license so as never to drive again, which shows that there is almost no possibility of reoffending.

The Ansan attorney's client is currently employed at a company and supports the family's livelihood solely on their income.

If the client were to serve a term of imprisonment, the family would face a crisis of survival.