Daegu Criminal Defense Attorney's Assistance | Assisting a Client With Three Drunk-Driving Offenses to Obtain a Suspended Sentence

2024.12.11박동일

The client was facing trial after being booked for a third drunk-driving offense. Seeking to avoid a custodial sentence, the client came to a criminal defense attorney at the Daegu office.

1. How the Client Came to Meet the Daegu Criminal Defense Attorney

This is the account of the client.

The client is self-employed and runs a restaurant. Ten years ago and fourteen years ago, he was punished for drunk driving on two separate occasions.

Since then, he had been living carefully so as not to drive after drinking, but on the day of the incident, he had a drinking gathering with fellow self-employed people who run businesses in the same neighborhood.

The client drank about half a bottle of soju at that gathering, but partway through he had something to attend to at his shop, so he returned to the shop and spent about an hour there.

Having drunk far less than his usual capacity and thinking that a fair amount of time had passed, the client became complacent and took the wheel to drive home, where he was caught by police who happened to be conducting a drunk-driving checkpoint.

Booked on a drunk-driving charge, the client came to the Daegu criminal defense attorney in order to avoid a custodial sentence.

The Statutes Relevant to the Case Explained by the Daegu Criminal Defense Attorney

The Road Traffic Act defines a blood alcohol concentration of 0.03 percent or higher as a state of intoxication.

This is in fact a very low level, but because it is impossible to predict how much drinking will produce that concentration, caution is required.

If you are punished for drunk driving, in addition to criminal punishment, an administrative disposition concerning your driver's license and civil liability for any vehicle accident may also be imposed.

For that reason, it is important to seek the advice of an attorney who can provide a comprehensive response.

The levels of punishment by blood alcohol concentration when caught for drunk driving are as follows.

▶ Blood alcohol concentration of 0.03% or higher and below 0.08% : imprisonment for not more than 1 year or a fine of not more than 5 million won
▶ Blood alcohol concentration of 0.08% or higher and below 0.2% : imprisonment for 1 to 2 years or a fine of 5 million to 10 million won
▶ Blood alcohol concentration of 0.2% or higher : imprisonment for 2 to 5 years or a fine of 10 million to 20 million won

However, if a person commits and is caught for drunk driving again within 10 years, the punishment is aggravated under the two-strikes-out system for drunk driving. The levels of aggravated punishment are as follows.

▶ Blood alcohol concentration of 0.03% or higher and below 0.2% : imprisonment for 1 to 5 years or a fine of 5 million to 20 million won
▶ Blood alcohol concentration of 0.2% or higher : imprisonment for 2 to 6 years or a fine of 10 million to 30 million won

2. The Daegu Criminal Defense Attorney's Assistance

In the client's case, although the prior offenses were long ago, he already had two prior drunk-driving convictions, so the level of punishment could be even higher.

The Daegu criminal defense attorney prepared and presented a strategic response to defend against punishment.

The Daegu Criminal Defense Attorney's Argument ① Efforts to Prevent Reoffending

The client deeply regretted having driven while intoxicated out of a moment's complacency and showed remorse for it.

The Daegu criminal defense attorney emphasized that the client had made efforts to prevent reoffending, such as disposing of his vehicle and writing a written pledge to abstain from drinking and driving, so as never to drive after drinking again.

The Daegu Criminal Defense Attorney's Argument ② No Personal or Property Damage

Although the client committed the offense of drunk driving, in this case there was in fact no damage resulting from it.

The Daegu criminal defense attorney emphasized that the client had caused no personal or property damage whatsoever.

The Daegu Criminal Defense Attorney's Argument ③ The Livelihood of the Client and His Family

The client was an ordinary citizen supporting his elderly parents. If the client were given a custodial sentence in this case, the livelihood of the client and his entire family would be put at risk.

The Daegu criminal defense attorney requested that the court take into account in sentencing that the client could return as a diligent member of society and continue to support his family.

3. The Daegu Criminal Defense Attorney's Results

Accepting the Daegu criminal defense attorney's argument, the court imposed a “suspended sentence” even though the client had been caught for drunk driving for a third time.

As in the client's case, where a person already has a prior drunk-driving conviction, various factors affect the level of punishment, including the blood alcohol concentration, the distance driven while intoxicated, and the time elapsed since the prior punishment.

For that reason, it is important to seek the assistance of a professional in order to mount a comprehensive and strategic response.

At Daeryun Law Firm, there are attorneys who establish optimal strategies based on extensive 🔗drunk-driving case studies.

If you are facing a trial related to drunk driving, you may seek assistance at any time through a 🔗legal consultation appointment.

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
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