Third Drunk Driving Offense | A Prior Record of Three Drunk Driving Offenses and a Repeat Offense, but a Suspended Sentence

This is the account of a client who sought a specialist attorney, stating that they faced an actual custodial sentence for a third drunk driving offense.

The client stated that they had been sentenced to an actual custodial sentence for drunk driving about 15 years earlier, and had prior convictions of a fine five years earlier and a fine four years earlier.

Accordingly, the client had three prior drunk driving convictions, and having driven under the influence once again, faced the prospect of an actual custodial sentence.

The client requested that detention alone be avoided, stating that if they were to serve an actual custodial sentence, their family's livelihood would be put at risk.

The client, who had been caught and punished for drunk driving three times yet drove under the influence again, appeared to the attorney as well to face a difficult task in avoiding an actual custodial sentence.

Under the Road Traffic Act, driving after drinking is strictly prohibited, and the standard for judging drunk driving is the blood alcohol concentration.

Driving with a blood alcohol concentration of 0.03 percent or higher results in punishment under the Road Traffic Act, and the level of punishment varies depending on the blood alcohol concentration and whether the offense is a repeat one.

If a person who has been sentenced to a fine or heavier for drunk driving and whose sentence has become final drives under the influence again within 10 years from the date the sentence became final, the following levels of punishment apply.

▶Blood alcohol concentration of 0.03 percent or higher but below 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

▶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

The specialist attorney decided to mount a defense against an actual custodial sentence by emphasizing that the client, who faced a further drunk driving charge after three prior instances of drunk driving, would not reoffend and would fall into serious difficulty if an actual custodial sentence were imposed.

After hearing the attorney, the court imposed a suspended sentence of two years on the client.

Although the client had committed the offense of drunk driving a total of four times, the client was able to escape the threat of an actual custodial sentence and protect his daily life.

As reasons for imposing the suspended sentence, the court cited that the client acknowledged the offense and was showing remorse, and that the client had disposed of the vehicle and was resolving not to reoffend.

Because the likelihood of an actual custodial sentence is very high when a person is caught for drunk driving three times, it is necessary to seek the assistance of an attorney immediately upon being caught and to prepare 🔗drunk driving sentencing materials.

This firm's attorneys assign legal experts suited to the client's case and devise strategies that can lead to a result favorable to the client.

If you are facing the threat of punishment for a third or further drunk driving offense, please proceed now with a 🔗legal consultation reservation.