Deals & Cases

Drunk Driving (DUI)
Drunk Driving (DUI)Suspended Sentence

Ulsan Drunk Driving Attorney | Client With Three Drunk Driving Offenses, Prosecutor's Appeal Seeking Imprisonment Dismissed and a Suspended Sentence Obtained

An Ulsan drunk driving attorney represented a client who came to a drunk driving attorney after being caught for drunk driving for the third time. The Ulsan drunk driving attorney succeeded in obtaining a suspended sentence for the client.

1. The Client Who Came to an Ulsan Drunk Driving Attorney

This is the account of the client who came to an Ulsan drunk driving attorney.

Ulsan Drunk Driving Attorney

The client of the Ulsan drunk driving attorney stated that he had previously received fines on two occasions for drunk driving.

In this case, the client drove a passenger car for about 200m while intoxicated, with a blood alcohol concentration of 0.095%.

This case arose because he again committed drunk driving within 10 years from the date on which a sentence of a fine or heavier for drunk driving became final.

The client of the Ulsan drunk driving attorney faced the risk of imprisonment as a result of this case.

2. Drunk Driving as Explained by an Ulsan Drunk Driving Attorney

Article 44 of the Road Traffic Act (Prohibition of Driving While Intoxicated) ① No person shall drive a motor vehicle, etc., a tram, or a bicycle while intoxicated.

The client of the Ulsan drunk driving attorney drove a passenger car while intoxicated. Under the Road Traffic Act, driving a motor vehicle, etc., while intoxicated is prohibited.

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

The standard for the intoxicated state is a blood alcohol concentration of 0.03% or higher. Because the client's blood alcohol concentration at the time of the incident was 0.095%, he could face the following punishment.

2. A person whose blood alcohol concentration is 0.08 percent or higher but less than 0.2 percent shall be punished by imprisonment for not less than 1 year but not more than 2 years or by a fine of not less than 5 million won but not more than 10 million won

3. The Defense Mounted by the Ulsan Drunk Driving Attorney

The Ulsan drunk driving attorney mounted the following defense for the client.

The Remorse of the Ulsan Drunk Driving Attorney's Client

The client of the Ulsan drunk driving attorney is sincerely remorseful for having committed this offense.

To prevent reoffending, the client even pledged before his family to put an end to drinking and driving without a license.

The Prior Record of the Ulsan Drunk Driving Attorney's Client

More than five years had passed since the drunk driving record of the Ulsan drunk driving attorney's client.

Although it was wrong for the client to have driven drunk on two or more occasions, considering the interval from the previous offense, the degree of blameworthiness may be regarded as relatively low.

The Financial Situation of the Ulsan Drunk Driving Attorney's Client

The client of the Ulsan drunk driving attorney is in a very difficult financial situation, barely getting by while working as a day laborer.

The client has two children, and supporting them requires the client to work without fail. If the client were to receive a prison sentence, not only the client but also the children would fall into a threat to their livelihood.

4. The First-Instance Judgment for the Ulsan Drunk Driving Attorney's Client

The first-instance court, having heard the Ulsan drunk driving attorney, imposed a suspended sentence on the client.

However, the first-instance prosecutor appealed against the client, claiming that the sentence was too lenient,

and the Ulsan drunk driving attorney mounted a defense for the client.

The Ulsan Drunk Driving Attorney's Defense Against the Client's Appeal

In the case of the Ulsan drunk driving attorney's client, the prosecutor argued that the client should receive a prison sentence, contending that the client had a high degree of blameworthiness and a strong likelihood of reoffending because he had reoffended despite a record of being punished for drunk driving on two occasions, and that the recommended sentencing range for this offense under the Supreme Court sentencing guidelines was imprisonment for 8 months to 1 year and 4 months or a fine of 5 million won to 8 million won.

In addition to the efforts to prevent reoffending discussed above, the client of the Ulsan drunk driving attorney recognized that the root cause of the offense lay in his own drinking habits and is undergoing treatment to abstain from alcohol.

As the client is thus making efforts to prevent reoffending, the likelihood that the client will reoffend may be regarded as low.

5. The Appellate Judgment for the Ulsan Drunk Driving Attorney's Client

Ulsan Drunk Driving Attorney Assistance
Clicking the image above takes you to the Daeryun Law Firm consultation booking page.

The court, having heard the Ulsan drunk driving attorney, issued a judgment dismissing the prosecutor's appeal.

The client faced the risk of severe punishment after being caught for drunk driving for the third time, but with the assistance of the Ulsan drunk driving attorney, he was able to avoid that punishment and obtain a suspended sentence.

If you are in a situation facing the risk of 🔗drunk driving punishment like the client in this case, please seek the assistance of a drunk driving attorney.

울산음주운전변호사 | 음주운전 3범 의뢰인, 징역 구형하는 검사 항소 기각시키고 집행유예 받음

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.

Drunk Driving (DUI): Want a faster, more detailed consultation?

Consult a
specialized attorney

Related Information

Explore legal information related to this case.

Explore more legal information

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney MinSu KIM

MinSu KIM

T. 070-5214-2362

Traffic accident lawyer

Attorney SeonJun LIM

SeonJun LIM

T. 070-5117-5510

Traffic accident lawyer

Key Case Studies

View more

Related Practice Areas

View more
View our Case Handling System

Consult in other languages

Popular Columns

View more

Previous

Tongyeong Law Office Assistance Case | With the Assistance of the Tongyeong Law Office, the Client in an Insult Case Received a Suspension of Sentencing

Next

Suncheon Law Firm Representation in Filing a Complaint Case | Suncheon Law Firm Represents an Indecent Act by Compulsion Victim in Filing a Complaint, Having the Perpetrator Sentenced to a Heavy Fine

View list
Quick Menu

Chat