[Assistance Case by a Gyodae Drunk-Driving Attorney] A Gyodae Drunk-Driving Attorney Obtained a Suspended Sentence for a Defendant with a Prior Final Drunk-Driving Record Within 10 Years

2024.08.22박동일

The client who requested help from a Gyodae drunk-driving attorney came to Daeryun because a heavy sentence was anticipated for a repeat drunk-driving offense.

1. The Client Who Urgently Needed the Assistance of a Gyodae Drunk-Driving Attorney

The client who urgently needed the assistance of a Gyodae drunk-driving attorney committed a repeat offense again in a situation where fewer than 10 years had passed since he was sentenced to a fine after committing the crime of drunk driving.

The client came to our Gyodae drunk-driving attorney at Daeryun out of fear that he might be taken into custody in court as a result of this offense.

As the head of a household supporting his family, the client absolutely needed to receive a sentence no heavier than a suspended sentence.

The Gyodae drunk-driving attorney reassured the client and promised to provide assistance to the fullest extent possible.

The Background of the Case Disclosed to the Gyodae Drunk-Driving Attorney

The background of the case that the client disclosed to the Gyodae drunk-driving attorney is as follows. On the day of the incident, the client wanted to return home after drinking with acquaintances.

However, having brought his vehicle out, the client should have called a designated driver. Having drunk excessively that day, the client's judgment became clouded, and he did not call a designated driver and instead got behind the wheel himself.

The client greatly regretted his judgment that day and wanted to prepare for the upcoming litigation.

However, as a repeat drunk-driving offender within 10 years, the client certainly needed the assistance of an experienced attorney.

The Gyodae Drunk-Driving Attorney Emphasized the Need to Argue Mitigating Factors

The Gyodae drunk-driving attorney determined that the possibility of being taken into custody in court was high, considering that fewer than 10 years had passed since the client's drunk-driving offense and that he had received a fine at that time. For this reason, an organization and analysis of the client's mitigating factors was necessary.

Daeryun operates evidence-investigation, digital-forensics, and security groups, which made client-tailored evidence investigation and analysis possible.

The Gyodae drunk-driving attorney planned to lead this case through collaboration with the evidence-investigation, digital-forensics, and security groups.

In particular, having received the client's earnest request, the Gyodae drunk-driving attorney once again promised to help reduce the sentence as much as possible so that the client could avoid being taken into custody in court.

2. Gyodae Drunk-Driving Attorney: “Reflection, the Resolve to Abstain from Alcohol, and Diligent Social Life Should Be Taken into Account”

Through thorough consultation with the client, the Gyodae drunk-driving attorney at Daeryun Law Firm formed a team of experienced attorneys made up of multiple specialists with extensive experience in repeat drunk-driving cases.

The Gyodae drunk-driving attorney team at Daeryun argued for the most lenient disposition possible, citing that the defendant was deeply reflecting on the offense in this case, was diligently running a business, had resolved to abstain from alcohol, and had returned his vehicle.

■ The defendant was deeply reflecting on the offense in this case.

■ The defendant was raising young children, and the harm the children would suffer if the defendant were absent would be great.

■ The defendant was diligently running a business.

■ Prompted by this incident, the defendant resolved never to drink again and returned his vehicle.

■ The defendant's family and acquaintances were petitioning for leniency toward the defendant.

Looking at the Sentencing for Drunk Driving

We will look at the sentencing imposed for repeat drunk driving under the Road Traffic Act.

In the case of 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), the person is 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

3. The Court Accepts the Gyodae Drunk-Driving Attorney's Arguments and Decides on a “Suspended Sentence”

The court accepted the arguments of the Gyodae drunk-driving attorney at Daeryun Law Firm and issued the following judgment: “The defendant is sentenced to 1 year and 6 months of imprisonment. However, the execution of the above sentence is suspended for 3 years from the date this judgment becomes final.”

A suspended sentence is one in which a guilty sentence is pronounced but is not executed immediately. The execution of the sentence is postponed for a certain period, and if that period passes, the effect of the sentence is lost so that the sentence is not executed.

In the case of the client in the above example, being taken into custody in court was effectively anticipated due to the repeat drunk-driving offense, but with the assistance of the Gyodae drunk-driving attorney, he received a suspended sentence and was able to safely return to his family.

The client was satisfied to receive the result he wanted. This was thanks to his trust in our Gyodae drunk-driving attorney at Daeryun to the end, even in a difficult situation.

Daeryun Law Firm operates a drunk-driving and traffic-accident group and responds across all areas of traffic offenses. Depending on the matter, it organizes a specialized drunk-driving and traffic-accident team and has handled clients' cases successfully, so if you need help, you may contact Daeryun at any time.

In particular, Daeryun collaborates with its evidence-investigation, digital-forensics, and security groups to conduct clear fact-finding and the collection and analysis of evidence, so if you need to secure legal evidence and respond to a police investigation, you may contact us.

[교대음주운전변호사 조력사례] 교대음주운전변호사, 10년 내 음주 확정 전력 있는 피고인 집행유예 받아내

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
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