Jeju Law Office | Avoiding a Custodial Sentence With a Suspended Sentence Despite Being Caught Drunk Driving Three Times

The client had a meal and drinks with an acquaintance, and while talking in the car afterward, a disagreement led to an argument.

Acting on impulse, the client had the acquaintance get out of the vehicle, then drove a short distance and parked again at the original parking spot.

In the end, the client was caught in a drunk driving crackdown with a blood alcohol concentration of 0.186% following a report by a resident.

The driving distance was short, about 350m, but the situation was more serious because the client had two prior drunk driving convictions.

Fortunately, no personal or property damage occurred, but the possibility of a custodial sentence could not be ruled out due to the prior record and the high blood alcohol concentration reading.

Accordingly, the client came to the Jeju law office to request legal advice and a concrete response plan that could lead to leniency.

The attorney at the Jeju law office thoroughly reviewed the client's case and established the following strategy to obtain leniency.

▶ Investigation of the circumstances of the case and preparation of materials for mitigating considerations

• At the time of the incident, the client's driving distance was 350m, which was very short.

• The attorney emphasized that no personal or property damage occurred, arguing that the risk of an accident had been low.

• Through letters of appeal from the family (letters of appeal from the spouse and daughter), the attorney demonstrated the client's remorse and efforts to prevent reoffending.

▶ Emphasis on the client's deep remorse and resolve to prevent reoffending

• The client fully acknowledged the wrongdoing and submitted a letter of apology expressing deep remorse.

• The attorney included the client's past economic hardship and current family situation in the pleading and used them as materials in seeking leniency.

▶ Construction of legal reasoning in court

• Despite the prior drunk driving convictions, the attorney emphasized that the driving distance in this case was short and that, after the incident, the client showed active remorse and a resolve to prevent recurrence.

• The attorney emphasized that, after the incident, the client made active efforts, such as taking a course to prevent reoffending and showing deep remorse.

• The attorney argued for the possibility of the client returning to society and being rehabilitated through community service and corrective punishment rather than a custodial sentence.

The attorney at the Jeju law office provided three pieces of legal advice so that the client could respond effectively in the drunk driving case.

▶ Drunk driving is a serious crime, and efforts to prevent recurrence are necessary

When there are prior drunk driving convictions, a strong resolve to show remorse and concrete efforts to prevent recurrence (for example, completing a course or submitting a letter of appeal) may have a positive influence on the legal assessment.

▶ The importance of evidence and circumstances

Details such as the driving distance, whether an accident occurred, and the circumstances of the incident are used as key materials in the judgment. These should be clearly prepared and discussed thoroughly with the attorney at the Jeju law office.

▶ The need for legal assistance

When there are prior drunk driving convictions, obtaining the help of an attorney at the Jeju law office is more effective than proceeding through the legal process alone.

At the Jeju law office, a professional legal response can increase the possibility of a reduction of sentence.

In this case, the Jeju law office's professional consultation and legal advice presented the client with a direction for responding effectively in the drunk driving case, leading to a suspended sentence.

If you are in a similar situation, 🔗book a legal consultation and consult with a 🔗Jeju attorney to find a suitable legal response.

We will thoroughly analyze your situation and do our best to reach the best possible result.