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Driving Without a License, Drunk Driving (DUI)
Driving Without a License, Drunk Driving (DUI)Suspended Sentence

Punishment for Driving Under the Influence Without a License | Defending a Client Who Drove Under the Influence Without a License Against an Imprisonment Sentence, and What Is the Level of Punishment for Driving Under the Influence Without a License?

An attorney analyzed and defended the case of a client who faced punishment for driving under the influence without a license, and defended the client against an imprisonment sentence.

1. A Client Facing Punishment for Driving Under the Influence Without a License

This is the account of a client who sought an attorney's assistance while facing punishment for driving under the influence without a license.

The client had been punished for drunk driving 2 years earlier, had his license revoked, and was therefore without a license.

On the day of the incident, the client explained that he had a serious argument with his girlfriend, whom he was planning to marry, and ended up drinking with friends.

After leaving the bar, the client could not overcome his drowsiness and briefly slept in his own car.

About 3 hours later, as he was about to call a designated driver, he fell into the mistaken belief that the effects of the alcohol had worn off and that there would be no problem if he drove carefully, and so he drove.

In the course of this, he arrived near his home, and his tires slipped and he crashed into a streetlight, causing an accident.

A police officer who had been dispatched then requested a breath test, and the result measured a blood alcohol concentration of 0.14%, leading to this case and placing the client at risk of punishment for driving under the influence without a license.

2. The Charges Against the Client Facing Punishment for Driving Under the Influence Without a License

punishment for driving under the influence without a license

The client facing punishment for driving under the influence without a license was charged with driving without a license and drunk driving. Driving under the influence without a license is strictly prohibited under the Road Traffic Act.

Road Traffic Act Article 43 (Prohibition of Driving Without a License, etc.)

No person shall drive a motor vehicle, etc. where the person has not obtained a driver's license from the Commissioner of a City or Provincial Police Agency under Article 80, or where the effect of the driver's license has been suspended.

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

① No person shall drive a motor vehicle, etc., a tram, or a bicycle while intoxicated.

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.

Level of Punishment

The client facing punishment for unlicensed 🔗drunk driving could be subject to the following levels of punishment.

Road Traffic Act Article 148-2 (Penalty Provisions)

① A person who, having been sentenced to a fine or heavier punishment for a violation of Article 44 (1) or (2) and having had such sentence become final, again violates paragraph 1 or 2 of the same Article within 10 years from the date the sentence became final (including a person whose sentence has lapsed) shall be punished according to the following classifications.

3. A person who violates Article 44 (1) and whose blood alcohol concentration is 0.03 percent or higher but less than 0.2 percent shall be punished by imprisonment for not less than 1 year and not more than 5 years, or by a fine of not less than 5 million won and not more than 20 million won.

Road Traffic Act Article 152 (Penalty Provisions)

A person who falls under any of the following shall be punished by imprisonment for not more than 1 year or by a fine of not more than 3 million won.

1. A person who, in violation of Article 43, drives a motor vehicle without having obtained a driver's license under Article 80, an international driver's permit under Article 96, or a mutually recognized foreign license

3. The Defense of the Client Facing Punishment for Driving Under the Influence Without a License

For the client facing punishment for driving under the influence without a license, the attorney mounted a defense as follows.

The Drunk Driving Attorney's First Argument | “The Client Shows Remorse for the Offense in This Case”

For the client facing punishment for driving under the influence without a license, the attorney emphasized that the client showed remorse.

The client realized that drunk driving can cause harm to many people and showed sincere remorse.

The client resolved never to drive drunk again and disposed of his vehicle.

The Drunk Driving Attorney's Second Argument | “Acquaintances Are Petitioning for Leniency”

For the client facing punishment for driving under the influence without a license, the attorney emphasized that the client's acquaintances were petitioning for leniency.

The client's acquaintances emphasized that the client had lived diligently and earnestly requested leniency on this one occasion.

4. The Judgment for the Client Facing Punishment for Driving Under the Influence Without a License

For the client facing punishment for driving under the influence without a license, the court issued a judgment of a suspended sentence.

The client had been in a situation where heavy punishment was expected for driving without a license and drunk driving, but with the attorney's assistance he was able to avoid that punishment.

If you are in a situation similar to that of the client in this case, we recommend obtaining a 🔗attorney referral and requesting a prompt response.

무면허음주운전처벌 | 무면허 음주운전한 의뢰인 징역형 방어, 무면허음주운전처벌 수위는?

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 InWon KIM

InWon KIM

T. 070-7510-1044

Experience as Chief Prosecutor of the Criminal Division of the Hongseong Branch of the Daejeon District Prosecutors' Office and Chief Prosecutor of the Criminal Department of the Seoul Northern District Prosecutors' Office

Attorney MinSu KIM

MinSu KIM

T. 070-5214-2362

Traffic accident lawyer

Attorney EunYoung Kim

EunYoung Kim

T. 070-5117-2950

Prosecutor experience at Seoul Southern District Prosecutors’ Office and Uijeongbu District Prosecutors’ Office

Attorney JungHoon KANG

JungHoon KANG

T. 070-7510-1046

Traffic accident lawyer

Attorney KangIl LEE

KangIl LEE

T. 070-5117-5510

Attorney specializing in drunk driving

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