Assistance From the Law Office in Gyodae | A Suspended Sentence for Refusal of a Breathalyzer Test With the Assistance of a Gyodae Drunk Driving Attorney

This is the story of the client who came to the Gyodae attorney's office.

The Gyodae drunk driving attorney's client met acquaintances at a restaurant after a long while and drank beer together.

After taking a sip of beer, the client drove his own car to head to a second venue.

While traveling, the client struck a motorcycle that had been parked at the roadside.

A report was made, the police were dispatched, and they requested a breath test from the client.

However, the client said, “I will not do it,” and refused the breath test, and was booked on a charge of refusal of a breathalyzer test.

The client, who already had a prior conviction of the same type for 🔗drunk driving, requested assistance from the Gyodae attorney's office in order to avoid an actual custodial sentence.

The Gyodae attorney's office explained the matter of refusal of a breathalyzer test.

■ Laws related to refusal of a breathalyzer test

Where a person fails to comply despite being intoxicated, or despite reasonable demand based on a belief that the person is in such a state, the person is subject to imprisonment of not less than 1 year and not more than 5 years or a fine not exceeding 20 million won.

※ Where the person has a prior conviction of the same type punishable by a fine or heavier within 10 years

imprisonment of 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

* In addition to criminal punishment, the person is subject to 🔗an administrative disposition concerning the driver's license.

The Gyodae attorney's office argued that it was a momentary act on the client's part, that the client acknowledged all of his faults, and that he sincerely repented of his wrongdoing.

It also emphasized that the client had written a letter of reflection and held a repentant frame of mind.

The Gyodae attorney's office acknowledged that the client had a prior conviction of the same type for drunk driving.

However, it emphasized that the most recent prior drunk driving conviction was from 10 years earlier.

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

The Gyodae law office argued that consideration should be given so that the client, as the head of a household, could support the family.

With a sense of remorse, the client visited the victim and apologized.

The Gyodae law office argued that the client had reached an amicable settlement with the victim.

The client who came to the Gyodae attorney's office was booked on a charge of refusal of a breathalyzer test and requested assistance.

As a result of the assistance, the client, despite being a repeat drunk driving offender, was able to avoid an actual custodial sentence and receive a suspended sentence.

If you are in a similar situation, please request assistance from the Gyodae attorney's office, which handles 🔗legal consultation bookings and responds 365 days a year, 24 hours a day.