Ulsan Traffic Accident Attorney | Driving Without a License During a Suspended Sentence, Defense Resulting in a Minor Fine

🔗Driving without a license is the act of driving a vehicle without a valid driver's license.

Driving during a period in which a license is suspended also constitutes driving without a license.

In Korea, the law provides that, in order to drive a motor vehicle or a motorized bicycle, one must obtain a driver's license and drive accordingly.

According to Criminal Act Article 63 (Invalidation of Suspended Sentence), where a person who has been given a suspended sentence is sentenced to an actual custodial sentence of imprisonment without labor or heavier for an intentional crime committed during the period of suspension and that judgment becomes final, the suspended sentence loses its effect.

If a person commits a crime during the period of a suspended sentence and, as a result of the court's pronouncement, is sentenced to a penalty of imprisonment without labor or heavier, the existing suspended sentence is invalidated (loses its effect), and where the prior conviction is similar, it may be used as grounds for aggravated punishment, and even for a different crime, the person may be punished cumulatively.

Accordingly, if you are concerned about being detained for reoffending during the period of a suspended sentence, it may be most important to receive the assistance of an experienced attorney from the early stages of the case so that a fine may be sought.

Cases that constitute driving without a license are as follows.

Cases such as the above constitute driving without a license, and if caught, you may be punished for driving without a license, so please take note.

The Ulsan traffic accident attorney requested the greatest possible leniency, noting that the client was solely supporting a seriously ill father.

The client's father had suffered from a chronic illness for a long time, continued to undergo treatment, and was unable to engage in economic activity.

Because the client worked as a day laborer, the matter was directly tied to the family's livelihood. If the client received an actual custodial sentence, there would be no one to care for the father left alone, so the attorney asked the court to take the client's circumstances broadly into account.

The Ulsan traffic accident attorney requested that the court take into account that, although the client drove without a license while subject to a suspended sentence for drunk driving, the client acknowledged the charges through a handwritten letter of reflection, was repenting for the wrongdoing, and vowed never to commit the same wrong again.

The attorney also argued that, during the police investigation stage, the client admitted all of the wrongdoing and cooperated actively and faithfully with the judicial police officer's investigation of this case, and that this should be taken into account as a sentencing factor.

In addition, the client argued that, as a daily wage worker with unstable and modest income, the client had nonetheless regularly supported a charitable organization for more than about 10 years.

On this basis, the attorney argued for the most lenient treatment possible in the form of a fine, taking into account the client's character and good conduct as a faithful member of society who had consistently carried out support activities for socially vulnerable people in circumstances more difficult than the client's own.

The client's coworkers had long appreciated the client's diligence and sincerity, and they had built a close bond.

Because they were also well aware of personal circumstances such as the client's difficult situation, they requested leniency through a petition.

In addition, after being caught driving without a license, the client sought to become a member of society with a strong sense of compliance with the law, and submitted a certificate of completion of a "Psychological Education Course for Strengthening Law-Abiding Awareness" as evidence, once again requesting leniency.

Driving without a license is one of the serious offenses that can be subject to criminal punishment.

If driving without a license has been discovered, it is important to obtain the assistance of an experienced attorney with extensive case-handling experience in order to seek a reduction of the sentence.

If, like the client, a person drives without a license during a suspended sentence period, the most important strategy is to acknowledge the charges, actively participate in the investigation, and defend against punishment as much as possible.

The 🔗Drunk Driving and Traffic Accident Response Group at Daeryun Law Firm has experienced attorneys who cooperate systematically to assist in defending against punishment for driving without a license.

If you need the assistance of an attorney for driving without a license on charges of driving without a license, please come to the Ulsan traffic accident attorney.