Gumi Criminal Defense Attorney | Defending a Repeat Drunk Driving Client Against Imprisonment, and the Penalties for Repeat Drunk Driving

The client explained that he had committed a repeat drunk driving offense.

To respond promptly, the attorney reviewed the facts of the case.

The client faced the charge of having driven a passenger car over a stretch of about 40km while intoxicated, with a blood alcohol concentration of 0.24%. The client explained that he had attended a company dinner the night before he was caught.

The client had been fined four years earlier when an earlier instance of drunk driving was detected, and he explained that he had not had a drink since then.

Because the dinner was held to celebrate his promotion, he explained that it had been difficult to decline a drink.

The client therefore drank, and after the dinner ended, he called a designated driver and headed home.

After getting some sleep, he took the wheel the next day to go to work, and he explained that as he was almost at the office, there was a police officer conducting a drunk driving checkpoint.

Because a long time had passed since he had been drinking and he had slept, the client took the breath test without any awareness that he had been driving drunk, and his blood alcohol concentration was measured at 0.24%.

The client then came to the attorney, explaining that he was at risk of being punished for repeat drunk driving.

The client explained that he was at risk of being punished for repeat drunk driving. In the case of repeat drunk driving, a person may receive a punishment different from that imposed on a first-time offender.

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

■ Road Traffic Act, Article 148-2

A person who reoffends within 10 years from the date on which a sentence of a fine or heavier for drunk driving became final faces a different level of punishment from a first-time offender, and under the Road Traffic Act, such a person is subject to a somewhat heavier punishment as set out above.

The client could therefore be punished by imprisonment with labor for not less than 2 years but not more than 6 years, or by a fine of not less than 10 million won but not more than 30 million won.

The attorney set about defending the client.

After hearing the attorney's defense, the court issued the following judgment for the client.

The defendant is sentenced to 2 years of imprisonment with labor.

However, the execution of the above sentence is suspended for 3 years from the date this judgment becomes final.

The client had been caught driving drunk with a very high blood alcohol concentration of 0.24%, and he had a record of having been punished four years earlier when an instance of drunk driving was detected.

A sentence of imprisonment therefore seemed unavoidable, but with the attorney's assistance, the client was able to avoid imprisonment and obtain a suspended sentence.

In the case of a repeat offense, the level of 🔗drunk driving punishment becomes heavier, so caution is needed.

If you entrust your case to a Gumi criminal defense attorney, we will find a suitable solution and work toward a favorable outcome.