Gwangju Law Office Assistance Case | With the Assistance of the Gwangju Law Office, a Drunk Driving Client Received a Suspended Sentence

The client who asked the Gwangju law office for assistance had been drinking with an acquaintance near his home.

While drinking, the client received the sad news of the passing of a close friend's parent.

Flustered, the client drove in order to reach the funeral hall quickly.

In his haste, the client ended up facing a drunk driving charge.

Having a prior drunk driving conviction, the client asked the Gwangju law office for assistance in order to avoid an actual custodial sentence.

The Gwangju law office explained the 🔗punishment for drunk driving.

※ 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.

■ Article 148-2 (Penal Provisions)
③ A person who, in violation of Article 44 (1), drives a motor vehicle or a tram while intoxicated shall be punished according to the following classifications.

1. A person with a blood alcohol concentration of 0.2 percent or more: imprisonment for not less than two years and not more than five 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 0.08 percent or more but less than 0.2 percent: imprisonment for not less than one year and not more than two 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 0.03 percent or more but less than 0.08 percent: imprisonment for not more than one year, or a fine not exceeding 5 million won

■ In the case of a repeat offense within 10 years

If a drunk driver who was sentenced to a fine or a heavier penalty, with the sentence having become final, commits a repeat drunk driving offense within 10 years from the date the sentence became final (including a person whose sentence has lapsed), the person shall be punished according to the following classifications.

▶ Blood alcohol concentration of 0.2% or more: imprisonment for not less than two years and not more than six years, or a fine of not less than 10 million won and not more than 30 million won
▶ Blood alcohol concentration of 0.03% or more but less than 0.2%: imprisonment for not less than one year and not more than five years, or a fine of not less than 50 million won and not more than 20 million won

*If you would like a detailed review, consulting an attorney through a 🔗legal consultation can be helpful.

The client made a momentary mistake while rushing to get there quickly.

The Gwangju law office argued that the client had cooperated actively with the investigation and had resolved never to drive drunk again.

The client acknowledges that he drove drunk and is remorseful.

The Gwangju law office argued that, although the client had driven drunk, there had been no resulting harm whatsoever.

The Gwangju law office emphasized that the client steadily worked and supported his family.

The client has led a diligent working life for a long time, and he asked for leniency so that he could continue to do his job in the future.

The client faced the risk of an actual custodial sentence for a repeat drunk driving offense, but was able to receive a suspended sentence with the assistance of a Gwangju attorney.

At Daeryun, experienced attorneys assist clients.

If you are in a situation like the one above, please feel free to ask a 🔗Gwangju attorney for assistance at any time.