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

Caught Drunk Driving | Defending a Client Caught Drunk Driving Against an Actual Sentence, What to Do If You Are Caught Drunk Driving?

The client who sought an attorney's assistance after being caught drunk driving explained that drunk driving had been detected and that they faced the risk of punishment. The attorney succeeded in defending the client against an actual sentence.

1. The Client Caught Drunk Driving

This is the account of a client who requested a consultation, explaining that they needed an attorney's assistance after being caught drunk driving.

The client explained that drunk driving had been detected and that they faced the risk of punishment, and they were greatly afraid because they had a prior record of being punished for drunk driving before this case.

The attorney set out to assess the case in order to defend the client against an actual sentence, and the details were as follows.

The client explained that they had drunk alcohol while having dinner with friends.

After drinking, the client, who was less intoxicated than their friends, thought that they should drive so their friends could get home.

The client put the intoxicated friends in the back seat and took the wheel.

After driving about 5 km, the client was subjected to a breath test by police who were conducting a drunk driving checkpoint.

The client's blood alcohol concentration at the time was 0.18%, which established that they were in an intoxicated state.

Accordingly, the client, facing the risk of receiving an actual sentence after being caught drunk driving, sought the attorney's assistance.

2. If You Are Caught Drunk Driving

Caught drunk driving

Like the client in this case, you may be afraid of facing the risk of an actual sentence after being caught drunk driving.

Many people refuse to comply with a police drunk driving checkpoint out of fear that their drunk driving will be detected.

In such cases, a person may be punished severely on a charge of refusing a breathalyzer test, so it is recommended to comply with the request of the drunk driving checkpoint.

In addition, after the breath test, you may comply with the police request and have an attorney assist you by accompanying you to the police investigation.

Road Traffic Act Article 148-2 (3) A person who drives a motor vehicle or a tram in an intoxicated state in violation of Article 44 (1) shall be punished according to the following classifications:

1. A person whose blood alcohol concentration is 0.2 percent or higher: imprisonment 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 whose blood alcohol concentration is 0.08 percent or higher but less than 0.2 percent: imprisonment 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 whose blood alcohol concentration is 0.03 percent or higher but less than 0.08 percent: imprisonment for not more than 1 year, or a fine of not more than 5 million won

If you are caught drunk driving, you may face 🔗drunk driving punishment at the levels above. With an attorney's assistance, there is a possibility of lowering the level of punishment somewhat.

3. Defense of the Client Caught Drunk Driving

To defend the client caught drunk driving against an actual sentence, the attorney set out to mount the following defense.

The Client Caught Drunk Driving “Is Sincerely Remorseful”

The attorney emphasized that the client caught drunk driving was sincerely remorseful for committing the offense in this case.

The client has been spending time blaming themselves for committing drunk driving again despite having a prior record of drunk driving, the result of a single moment of poor judgment.

The client has firmly resolved never to commit such a mistake again.

The Client Caught Drunk Driving “No Personal Injury Occurred”

The attorney emphasized that no personal injury whatsoever occurred in the client's case.

There was a fact that the offense by the client caught drunk driving struck a roadside tree, but the damage was fully repaired through the insurance company.

In addition, fortunately, no personal injury at all resulted from the client's offense.

4. The Judgment for the Client Caught Drunk Driving

The court, having reviewed the facts of the case, sentenced the client to a suspended sentence.

The client was at risk of severe punishment for being caught drunk driving again despite having a prior record of drunk driving.

However, because of the attorney's assistance, the client was able to escape that risk and defend against an actual sentence.

If you, like the client in this case, are facing the risk of being caught drunk driving, please obtain a 🔗attorney referral right away and seek assistance.

음주운전적발 | 음주운전 사실 적발된 의뢰인 실형 방어, 음주운전적발됐다면?

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.

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Attorney ChanWoo JEONG

ChanWoo JEONG

T. 070-5221-2387

Attorney specializing in drunk driving

Attorney Sung Dong PARK

Sung Dong PARK

T. 070-7510-2018

Experience as a senior prosecutor at the Seoul High Prosecutors' Office and a police officer at the Seoul Metropolitan Police Agency

Attorney SangBom PARK

SangBom PARK

T. 070-7510-2139

Attorney specializing in drunk driving

Attorney MinKyeong KWON

MinKyeong KWON

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Attorney specializing in drunk driving

Attorney HaNeul LEE

HaNeul LEE

T. 070-7510-1118

Attorney specializing in drunk driving

Attorney InKyung Lee

InKyung Lee

T. 070-7510-1820

Attorney specializing in drunk driving

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