Geoje Attorney | Sentence Reduced to One Year of Imprisonment on Appeal in a Drunk Driving Without a License Case

The client was in a state of excessive drinking at the time due to personal stress.

In the midst of this, he received a call that his mother had been injured, and in his urgency he took the wheel.

He stated that he had originally intended to call a designated driver but could not reach one.

In the end, judging that he would travel only a short distance, he drove himself and was caught in a police drunk driving checkpoint along the way.

The court of first instance gravely assessed the fact that the client had again driven while intoxicated after his license had been revoked due to past drunk driving, and it sentenced him to three years of imprisonment for violation of the Road Traffic Act.

The court took the recognized habitual nature seriously and emphasized that drunk driving is a serious crime that threatens the life and safety of others, imposing an actual custodial sentence.

The client found it difficult to accept the judgment of the trial of first instance, and he was left with regret that he had not been able to fully explain his situation.

In addition, judging that the sentence was excessive, he decided to appeal in consideration of the possibility of a reduced sentence, and with the help of the Geoje attorney he prepared an active defense.

1. Whether the Drunk Driving Was Habitual

The client again drove while intoxicated while his license was revoked due to a past drunk driving record.

The Geoje attorney emphasized that the client deeply regrets his past wrongdoing and is steadily making efforts to prevent reoffending.

2. The Possibility of Considering the Motive for the Offense

The client argued that he had driven unavoidably in an urgent situation.

He emphasized that he had tried to call a designated driver but could not connect, and that he had simply intended to travel a short distance.

3. The Client's Remorse and Efforts to Prevent Reoffending

After the incident, he submitted a letter of apology each day, showing that he acknowledged his wrongdoing.

In addition, he promised to complete drunk driving prevention education and showed his willingness to receive alcohol counseling and treatment.

Through this, he actively made efforts to prevent reoffending so that the court would consider mitigating circumstances.

The client was currently the head of his household, supporting his mother and grandmother on his own.

However, due to the client's incarceration, his ailing mother and elderly grandmother had come to face severe financial hardship.

Although drunk driving is a socially serious crime, it was necessary for the client to obtain a reduced sentence by proving that he was deeply remorseful and was making efforts to prevent reoffending.

Based on this close review of the client's situation, the Geoje attorney conducted a strategic defense so that a favorable judgment could be obtained on appeal.