[Drunk Driving Punishment Defense Case] Client With a History of Drunk Driving Obtains a Suspended Sentence Despite a Third Apprehension

2024.08.22박동일

The client, who had already been punished twice for drunk driving, made the same mistake despite his firm resolve.

As a repeat offense within 10 years from the date on which the last drunk driving punishment became final, the case was subject to aggravated punishment.

This time, there was a high likelihood of a sentence of imprisonment, an actual custodial sentence, rather than a drunk driving fine or a suspended sentence, so with the assistance of Daeryun Law Firm the matter was able to conclude with a suspended sentence.

1. The Client Who Needed a Defense Against Drunk Driving Punishment

The client, who had a drunk driving record, came to Daeryun out of concern that an actual custodial sentence would be imposed as a drunk driving punishment.

Although the situation was unfavorable in light of the drunk driving punishment, Daeryun's drunk driving attorney worked thoroughly together with the client to defend against the punishment and obtain leniency.

The Reason for Being Subject to Drunk Driving Punishment

The client already had two prior drunk driving records.

However, with a momentary complacent thought that ‘it is a short distance, so it should be fine,’ he took the wheel for about 500m and was caught in a drunk driving enforcement check.

Because less than 10 years had passed since the date on which the client's last drunk driving judgment became final, it was difficult to avoid a drunk driving punishment amounting to an actual custodial sentence, such as imprisonment.

Because it was a repeated drunk driving offense, the likelihood that an actual custodial sentence would be imposed as punishment was very high, and the client came to Daeryun Law Firm carrying his worries.

2. Statutes Related to Drunk Driving Punishment

In the case of a repeat offense within 10 years : If a drunk driver who has been sentenced to a fine or heavier and whose sentence has become final commits another drunk driving offense within 10 years (including a person whose sentence has been invalidated), a drunk driving punishment is imposed according to the classification in the following subparagraphs.

Where the Police Request for a Breath Test Was Refused

Imprisonment for at least 1 year and up to 6 years, or

a fine of at least 5 million won and up to 30 million won

Revocation of the driver's license, followed by a 2-year prohibition on obtaining a license

Where the Blood Alcohol Concentration Is 0.2% or Higher

Imprisonment for at least 2 years and up to 6 years, or

a fine of at least 10 million won and up to 30 million won

Revocation of the driver's license, followed by a 2-year prohibition on obtaining a license

Where the Blood Alcohol Concentration Is at Least 0.03% and Less Than 0.2%

Imprisonment for at least 1 year and up to 5 years, or

a fine of at least 5 million won and up to 20 million won

Revocation of the driver's license, followed by a 2-year prohibition on obtaining a license

Where an Accident Causing Death or Injury Was Caused While Drunk Driving

Imprisonment for up to 10 years or a fine of up to 30 million won
Revocation of the driver's license, followed by a 5-year prohibition on obtaining a license

3. Daeryun's Strategy for Defending Against Drunk Driving Punishment

Even where drunk driving is a first offense and a minor case, a heavy fine, suspension or revocation of the license, and even imprisonment may be imposed.

In addition, in the case of repeated drunk driving, the drunk driving punishment can be further aggravated.

Daeryun Law Firm's drunk driving attorney prepared a careful defense to defend against the client's drunk driving punishment.

The Point That He Acknowledged the Drunk Driving and Showed Repentance

The client acknowledged and repented of his wrongdoing and requested leniency regarding the drunk driving punishment.

He also showed an attitude of deep remorse and appealed his resolve not to commit a drunk driving offense again.

Daeryun Law Firm therefore provided assistance to emphasize this point so that the client could receive the maximum consideration and avoid punishment.

The Point That There Was No Record of Being Punished Beyond a Fine in Prior Drunk Driving Punishments

The client had no record of being punished beyond a fine in his prior drunk driving punishment history.

In addition, at the time of the drunk driving, his blood alcohol concentration was below 0.2%, a relatively low level, and the driving distance was also short, at about 500m.

Daeryun's drunk driving attorney closely analyzed the circumstances at the time and presented a defense so that they could be used effectively at trial.

4. Successful Defense Against Drunk Driving Punishment, Suspended Sentence Pronounced

Because the result of a drunk driving punishment can vary depending on how the case is handled, the assistance of a drunk driving attorney can be critical.

With the help of Daeryun's drunk driving attorney, the client was able to conclude with a suspended sentence despite the unfavorable situation regarding the drunk driving punishment.

This was the result of responding with know-how built up through Daeryun Law Firm's accumulated drunk driving case experience.

Drunk Driving Punishment, To Achieve the Desired Result

In the case of drunk driving, various factors, such as the blood alcohol concentration and the drunk driving record, can play an important role in the punishment.

To achieve the desired result in a drunk driving punishment, you may visit and prepare with Daeryun Law Firm's drunk driving attorney, who has extensive drunk driving case experience.

Daeryun's experienced drunk driving defense team will work to protect the client from drunk driving punishment.

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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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