Deals & Cases

Violation of the Road Traffic Act
Violation of the Road Traffic ActSuspended sentence

[Defense Case by a Gwanggyo Criminal Attorney] A Repeat Drunk-Driving Client Received a Suspended Sentence with the Help of a Gwanggyo Criminal Attorney

The client who sought assistance from a Gwanggyo criminal attorney came to the criminal attorneys at the Gwanggyo office to obtain help in defending against a criminal case for violation of the Road Traffic Act.

1. How the Client Came to Seek a Gwanggyo Criminal Attorney

After being caught by the police following a report from someone, the client who sought a Gwanggyo criminal attorney entrusted the criminal case to a Gwanggyo criminal attorney in order to defend against a criminal case for violation of the Road Traffic Act.

The Client Who Requested Assistance from a Gwanggyo Criminal Attorney

This is the account of the client who requested assistance from a Gwanggyo criminal attorney.

The client had dinner with close acquaintances and drank alcohol.

After the meal, the client got behind the wheel while intoxicated.

However, after a report from someone, the police stopped the client and had the vehicle pulled over to the shoulder.

There was no accident while driving, but because this was not the client's first instance of drunk driving, it was difficult to avoid an actual custodial sentence such as imprisonment.

The client therefore came to a Gwanggyo criminal attorney at Daeryun Law Firm to defend against the criminal case for violation of the Road Traffic Act.

Drunk-Driving Statutes and Punishment Standards Explained by a Gwanggyo Criminal Attorney

Where a simple drunk-driving offense is a repeat offense within 10 years

Where a drunk driver who was sentenced to a fine or a heavier penalty commits drunk driving again within 10 years from the date that sentence became final (including a person whose sentence has lapsed), that person shall be punished according to the following classifications.

  • Refusal of a police breathalyzer 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

Where there are grounds to recognize that drunk driving occurred, or where a breathalyzer test is refused in a situation necessary for traffic safety and the prevention of danger

A person for whom there are substantial grounds to recognize that the person was in an intoxicated state and who does not comply with a measurement by a police officer: 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

2. The Assistance Provided by the Gwanggyo Criminal Attorney

The Gwanggyo criminal attorney argued strongly for grounds of mitigation in order to prevent the client from receiving an actual custodial sentence. To demonstrate that the client acknowledged all of his conduct and was sincerely reflecting on it, a team of criminal attorneys experienced in drunk-driving matters was formed.

Gwanggyo Criminal Attorney Argues That the Client Acknowledged and Was Reflecting on His Offense

The client fully acknowledged his fault in driving based on poor judgment caused by intoxication.

The client argued that, prompted by this incident, he had once again recognized the dangers of drunk driving and had even disposed of the vehicle he had been driving in order to eliminate in advance any possibility of driving.

Gwanggyo Criminal Attorney Argues That the Client Has a Family to Support

The client is the head of a household with a spouse and young children.

It was strongly argued that the family had been depending on the client's income for their livelihood.

Gwanggyo Criminal Attorney Argues That No Direct Personal or Property Damage Arose from the Drunk Driving

It was strongly argued that, although driving while intoxicated was a clear mistake by the client, there was no personal or property damage of any kind to any third party.

3. A “Suspended Sentence” Was Pronounced with the Assistance of the Gwanggyo Criminal Attorney

Accepting the Gwanggyo criminal attorney's arguments, the court issued the following judgment in the case of violation of the Road Traffic Act (drunk driving): “The defendant is sentenced to 2 years of imprisonment. However, the execution of the above sentence is suspended for 3 years from the date this judgment becomes final.”

Although the client had a prior drunk-driving conviction from about 4 years earlier, with the assistance of the Gwanggyo criminal attorney he was able to receive a suspended sentence.

As with the client in this case, where drunk driving is not a first offense, it can be helpful to obtain the assistance of an attorney in order to defend against a case of violation of the Road Traffic Act.

If you, like the client, are facing difficulty in defending against a case of violation of the Road Traffic Act, you may consider entrusting the matter to a Gwanggyo criminal attorney at Daeryun, who has experience handling many drunk-driving cases, and preparing your defense.

[광교형사변호사의 방어사례] 음주운전재범의 의뢰인, 광교형사변호사 도움받아 집행유예 선고

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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