Ilsan DUI Attorney | A Repeat DUI Client Received a Suspended Sentence With the Assistance of an Ilsan DUI Attorney

The client who requested the assistance of an Ilsan DUI attorney had previously driven under the influence and had his driver's license revoked as a result.

The client, however, ended up doing something he should not have done.

On the day of the incident, a close acquaintance invited the client to dinner, so the client went to the acquaintance's home.

Seeing the acquaintance's car, the client felt a sudden urge to drive and took the wheel.

Afterward, the client arrived at the restaurant, had a light amount of alcohol during the meal, and, out of a careless mindset, drove home while under the influence.

Having a prior DUI conviction already, the client requested the assistance of an Ilsan DUI attorney in order to avoid an actual custodial sentence.

The Ilsan DUI attorney at Daeryun Law Firm decided to prepare measures that could assist the client toward a suspended sentence.

The legal basis for DUI-related litigation rests on the Criminal Act. Let us review together the statutes that serve as the legal basis for drunk driving.

▸ In the case of a simple DUI detection that is a repeat offense within 10 years

If a drunk driver who has been sentenced to a fine or heavier penalty commits a repeat DUI offense within 10 years from the date the sentence became final (including a person whose sentence has lapsed), the offender shall be punished according to the classifications in the following subparagraphs.

▸ Article 44 (Prohibition of Driving While Intoxicated)

The standard for the intoxicated state in which driving is prohibited is a driver's blood alcohol concentration of 0.03 percent or higher.

▸ Article 148-2 (Penalty Provisions)

Blood alcohol concentration of 0.2 percent 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 percent or higher but less than 0.2 percent

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

The client confessed to all the facts charged and is deeply remorseful for the momentary lapse in judgment that led to driving while intoxicated and without a license.

The attorney strongly argued that the total distance the client drove was only about 1 km, which was not long.

The client offers no excuse for having driven while intoxicated and is well aware that it was wrongful conduct.

Fortunately, however, no traffic accident occurred, so the attorney argued that the client had caused no personal or property damage.