Deals & Cases

Drunk driving (DUI)
Drunk driving (DUI)Suspended sentence

Anyang Law Firm Assistance | With the Assistance of Anyang Law Firm, a Suspended Sentence for a Repeat Drunk Driving Client

The client who came to the Anyang law firm had committed a repeat offense of drunk driving within ten years, yet was able to receive a suspended sentence with the assistance of an Anyang attorney.

1. How the Client Came to Anyang Law Firm

안양법무법인-경위

The client who came to the Anyang law firm committed a repeat offense of drunk driving and was placed at risk of punishment. Accordingly, in order to avoid an actual custodial sentence, the client requested the assistance of an Anyang attorney.

The Client Who Came to Anyang Law Firm

The client who came to the Anyang law firm committed a repeat offense of drunk driving.

The client had been drinking with acquaintances at a bar near his home and then went to sleep in his own car, which was parked in an alley.

To escape the cold, the client got into the vehicle, turned on the engine and the heater, and fell asleep, only to open his eyes at the impact of a collision.

The client's car had moved and struck another vehicle in front of it.

A witness who saw this reported the client, and after undergoing a breath test, the client was charged with drunk driving and requested the assistance of the Anyang law firm.

Laws Relevant to Drunk Driving as Explained by Anyang Law Firm

The Anyang attorney of the Anyang law firm explained that if a person who has been drinking moves the vehicle by even a single centimeter, this may constitute 🔗drunk driving and may be subject to punishment, even if it is not on a roadway.

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

(1) No person shall drive a motor vehicle, a tram, or a bicycle while intoxicated.

(4) The standard for the state of intoxication in which driving is prohibited under paragraph (1) shall be a blood alcohol concentration of 0.03 percent or higher in the driver.

※ Aggravated punishment for a second drunk driving offense

A person who has already committed drunk driving once within ten years may be subject to aggravated punishment.

Blood alcohol concentration (%)

Penalty

0.2 or higher

Imprisonment with labor for not less than two years and not more than six years, or a fine of not less than ten million won and not more than thirty million won

0.03 or higher and less than 0.2

Imprisonment with labor for not less than one year and not more than five years, or a fine of not less than five million won and not more than twenty million won


※ Road Traffic Act Article 82 (Grounds for Disqualification from a Driver's License)

(2) A person who falls under any one of the following may not obtain a driver's license unless the period prescribed in the relevant item has elapsed.

(a) Where the person has violated Article 44 (1) or (2) two or more times (including cases where Article 43 or Article 96 (3) is also violated)

2. The Assistance Provided by Anyang Law Firm

The Anyang attorney of the Anyang law firm, after carefully reviewing the client's situation, argued as follows.

Anyang Law Firm Argues That the Client Is Deeply Remorseful

The client admitted all of the facts charged and firmly resolved never again to commit any offense and to live diligently.

The Anyang law firm argued that the client was reflecting on his wrongdoing by preparing a written pledge stating that he would not drink for five years.

Anyang Law Firm Argues That the Client Made Efforts to Repair the Harm

The client made efforts to repair the damage to the vehicle involved in the accident.

The Anyang law firm argued that the client subsequently filed the matter with the insurance company and sought to repair the damage promptly.

3. With the Assistance of Anyang Law Firm, a Client Who Reoffended in Drunk Driving (DUI) Receives a Suspended Sentence

The client who came to the Anyang law firm committed a repeat offense of drunk driving and was placed at risk of punishment. Through the assistance of an Anyang attorney, the client was able to avoid an actual custodial sentence and receive a suspended sentence.

If You Are Looking for Anyang Law Firm

The client who requested the assistance of the Anyang law firm came to commit a repeat offense of drunk driving.

With the assistance of an Anyang attorney of Daeryun Law Firm, the client was able to receive a suspended sentence.

As shown above, even in a situation where a person falls asleep in a car with the heater on and then, by mistake, touches the gear so that the vehicle moves, that person may be subject to punishment.

This requires first determining whether there was intent by reviewing the situation as a whole, including the reason the vehicle came to move at the time, as well as the direction and distance the vehicle moved.

For that reason, obtaining the assistance of an experienced attorney is a good approach.

Daeryun Law Firm has offices throughout the country, and you may consult with an experienced attorney in real time, 24 hours a day, 365 days a year, through a 🔗consultation.

If you are in a difficult situation due to drunk driving, you are welcome to visit Daeryun's Anyang law firm at any time.

Daeryun Law Firm accepts consultation requests online, by telephone, and via KakaoTalk, and even without submitting a request, you may visit the 🔗Anyang law firm in person to hold a consultation.

안양법무법인 조력 | 안양법무법인의 조력으로 음주운전 재범 의뢰인, 집행유예

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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