Deals & Cases
[Changwon Criminal Attorney Assistance] A Non-Referral Decision Despite Three Prior DUIs, With the Help of a Changwon Criminal Attorney
The client who reached out to a Changwon criminal attorney was in a situation in which the client had driven under the influence and the DUI was detected following someone's report.
1. How the Client Came to Reach Out to a Changwon Criminal Attorney
The client who reached out to a Changwon criminal attorney, already having three prior DUI offenses, was caught driving under the influence once again and was placed at risk of an actual sentence.
The Client Who Requested Assistance from a Changwon Criminal Attorney
On the day of the incident, the client who requested assistance from a Changwon criminal attorney attended a drinking gathering with acquaintances.
After drinking one glass of beer at the first venue, the client called a substitute driver and then moved to a second venue.
An hour later, the client moved to a private residence, the third venue, and in this process the client drove under the influence.
While continuing the third gathering at that residence, the client was caught driving under the influence by the police, who arrived after receiving someone's report.
Because the client had a record of being punished for a total of three prior offenses of the same kind, the client was placed at risk of an actual sentence.
Accordingly, in order to reduce the punishment for the DUI charge, the client came to a Changwon criminal attorney at Daeryun Law Firm and requested assistance.
Applicable Laws for the Case, Explained by a Changwon Criminal Defense Attorney
- When a Single Instance of Drunk Driving Is Detected
In the Case of a Repeat Offense Within 10 Years
If a drunk driver who has been sentenced to a fine or a heavier penalty commits drunk driving again within 10 years from the date the sentence became final (including a person whose sentence has lapsed), the offender is punished according to the following classifications:
| Refusing the police request for a breath test | Imprisonment for not less than 1 year and not more than 6 years, or a fine of not less than 5 million won and not more than 30 million won |
| Blood alcohol concentration of 0.2% or higher | Imprisonment for not less than 2 years and not more than 6 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 higher but less than 0.2% | Imprisonment for not less than 1 year and not more than 5 years, or a fine of not less than 5 million won and not more than 20 million won |
※ When considerable time has passed after the drunk driving so that the alcohol concentration at the time cannot be measured, the blood alcohol concentration at the time of driving is calculated using the Widmark formula.
2. Assistance Provided by the Changwon Criminal Defense Attorney
The Changwon criminal defense attorney analyzed the case in detail to obtain a reduced sentence for the client. Because the measurement was taken some time after the drunk driving, the attorney emphasized that the blood alcohol level at the time of driving had to be estimated using the Widmark formula.
Changwon Criminal Defense Attorney Estimates the Blood Alcohol Level at the Time of Driving Using the Widmark Formula
In the suspect's case, the blood alcohol level was not measured immediately after the drunk driving, but rather after he had consumed additional alcohol.
For this reason, the attorney argued that the blood alcohol level at the time of driving had to be estimated using the Widmark formula in order to prove the drunk driving charge.
Changwon Criminal Defense Attorney Argues That the Suspect's Blood Alcohol Level Did Not Exceed the Enforcement Threshold
According to the Widmark formula, the suspect's blood alcohol concentration immediately after driving was estimated at 0.021% to 0.03%, and the attorney argued that it did not substantially exceed the enforcement threshold of 0.03%.
For the reasons stated above, the attorney requested a non-referral decision, since the evidence supporting the suspect's drunk driving charge was found to be insufficient.
3. The Result of the Changwon Criminal Defense Attorney's Assistance: "Non-referral"
The police issued a non-referral decision on the client's drunk driving charge. Although the client had three prior convictions for the same type of offense, the assistance of the Changwon criminal defense attorney helped successfully avoid punishment.
If You Are Facing Punishment on a Drunk Driving Charge
In the case above, a client with three prior drunk driving convictions received assistance from the Changwon criminal defense attorney and successfully avoided punishment through a non-referral decision.
The Changwon criminal defense attorney's emphasis that the blood alcohol level at the time of driving, once estimated, did not exceed the enforcement threshold played a significant role in the non-referral decision.
As this shows, even a person with prior convictions may reduce or avoid punishment with the assistance of an experienced attorney.
Daeryun Law Firm reviews each case closely and assists clients toward a favorable outcome.
If you need to defend against drunk driving punishment as in the case above, you may entrust your case to Daeryun Law Firm at any time.
![음주불송치통지서 [창원형사변호사 조력] 창원형사변호사 도움받아 음주운전 3회 전력에도 불송치 결정](/_next/image?url=https%3A%2F%2Fd1tgonli21s4df.cloudfront.net%2Fupload%2Fseo%2Fsuccess%2F20240523062346156.webp&w=828&q=100)
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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