Gwangju Criminal Attorney | Defending a Client Facing Punishment for Drunk Driving and Obtaining a Minor Fine

2024.11.06박동일

A Gwangju criminal attorney defended a client who came to a criminal attorney saying he was facing punishment for drunk driving. With the Gwangju criminal attorney's defense, the client was able to receive a minor fine.

1. The Client Who Came to a Gwangju Criminal Attorney

The client who came to a Gwangju criminal attorney said he was facing punishment after drunk driving,

and asked for help in avoiding a sentence of imprisonment. The Gwangju criminal attorney listened to the client's request and set about grasping the case.

The client was a university student who served as the representative of his department. On the day of the incident, he reportedly had a drinking gathering with his juniors.

The client does not usually drink much, but he ended up drinking until late while talking with his juniors about the future.

Perhaps because of the heavy drinking, the client's judgment momentarily faltered, and he reportedly drove while intoxicated on impulse,

made contact with a nearby streetlight while driving, and his drinking was detected by a police officer who was dispatched.

The Gwangju criminal attorney's client had a blood alcohol concentration of 0.15% at the time of detection.

He explained that he now realizes how wrong his conduct was and deeply regrets it.

2. The Blood Alcohol Concentration the Gwangju Criminal Attorney Looked Into

The Gwangju criminal attorney's client had a blood alcohol concentration of 0.15% at the time his drinking was detected,

and the blood alcohol concentration expresses the concentration of alcohol in the blood as a percentage.

Under the Road Traffic Act, a state of intoxication is set at a blood alcohol concentration of 0.03% or higher.

Gwangju Criminal Attorney Examines the Penalties for Drunk Driving

Under the Road Traffic Act, a state of intoxication is defined as a blood alcohol concentration of 0.03% or higher,

and driving while intoxicated is strictly prohibited.

A person who violates this prohibition and drives while intoxicated is subject to the following penalties according to blood alcohol concentration.

Road Traffic Act, Article 148-2 (Penal Provisions)

(3) A person who, in violation of Article 44 (1), drives a motor vehicle or the like or a tram while intoxicated is punished according to the following classifications.

1. A person with a blood alcohol concentration of 0.2 percent or higher: imprisonment with labor for not less than 2 years and not more than 5 years, or a fine of not less than 10 million won and not more than 20 million won

2. A person with a blood alcohol concentration of not less than 0.08 percent and less than 0.2 percent: imprisonment with labor for not less than 1 year and not more than 2 years, or a fine of not less than 5 million won and not more than 10 million won

3. A person with a blood alcohol concentration of not less than 0.03 percent and less than 0.08 percent: imprisonment with labor for not more than 1 year, or a fine of not more than 5 million won

Here, the client could be subject to imprisonment with labor for not less than 1 year and not more than 2 years, or a fine of not less than 5 million won and not more than 10 million won.

3. The Gwangju Criminal Attorney's Defense of the Client

As noted earlier, the Gwangju Criminal Attorney defended the client as follows in order to avoid the imprisonment the client had asked to defend against.

The Gwangju Criminal Attorney Client's Criminal Record and Likelihood of Reoffending

The client is a first-time offender with no criminal record of any kind.

The client is showing remorse for this offense and has repeatedly expressed remorse by preparing a letter of apology, a pledge of abstinence, a pledge to stop drunk driving, and similar documents.

Accordingly, the client's likelihood of reoffending can be regarded as remarkably low.

Personal Injury Caused by the Gwangju Criminal Attorney Client's Offense

The client's offense occurred in the early morning hours, when there was almost no traffic, and it caused no personal injury of any kind.

The client has already completed the repair of the streetlight that the client's vehicle had come into contact with.

4. The Judgment Obtained by the Gwangju Criminal Attorney

After hearing from the Gwangju Criminal Attorney, the prosecution filed a summary indictment seeking a minor fine against the client, and the court accepted it and issued a summary order.

The client had been expected to face severe punishment for drunk driving and the resulting property damage, but with the assistance of the Gwangju Criminal Attorney, the client was able to avoid that punishment and receive only a minor fine.

In drunk driving cases, seeking the assistance of an attorney and presenting appropriate grounds for sentencing can create the possibility of obtaining a reduction of sentence.

If you face the risk of 🔗drunk driving punishment as this client did, you may request assistance with your case.

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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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