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Violation of the Road Traffic Act (drunk driving)
Violation of the Road Traffic Act (drunk driving)Non-referral (police)

Second Drunk Driving Offense Assistance Case | A Non-Referral Decision for a Second Drunk Driving Offense Client

The client with two drunk driving offenses, in a situation where the client had a prior drunk driving record and was caught for drunk driving so that aggravated punishment was expected, urgently requested assistance from Daeryun's criminal attorney.

1. The Client Who Requested a Defense Against Punishment for a Second Drunk Driving Offense

Case study on defending against punishment for a second drunk driving offense

The client, who requested a defense against punishment for a second drunk driving offense, faced an expected actual custodial sentence as a repeat drunk driving offender, but through the prompt assistance of a criminal defense attorney, the case was concluded with a non-referral.

Circumstances of the Case

The client was an office worker in his fifties who, after returning home from work, parked his vehicle in front of his house and was drinking inside the car.

However, a passerby who witnessed this mistook it for drunk driving and reported it, so the police were dispatched to the scene.

A breath test was then conducted, and the blood alcohol concentration was measured at 0.18%.

However, the client appealed that he had not actually engaged in drunk driving and that he had been drinking inside the vehicle after finishing parking.

Because he also had a prior record of drunk driving, in a situation where there was a possibility of an actual custodial sentence as a second drunk driving offense, he judged that it was difficult to respond alone any longer and requested the assistance of a criminal attorney at Daeryun.

2. Strengthened Punishment for a Second Drunk Driving Offense

The client was charged with 'drunk driving,' and this case marked a second instance of drunk driving.

In particular, where drunk driving is detected twice within 10 years, the offender may be subject to aggravated punishment under the Road Traffic Act, and the level of punishment may become more severe.

Blood Alcohol Concentration

Level of Punishment

0.03% or more but less than 0.2%

Imprisonment for 1 year or more but not more than 5 years, or a fine of 5 million won or more but not more than 20 million won

0.2% or more

Imprisonment for 2 years or more but not more than 6 years, or a fine of 10 million won or more but not more than 30 million won

License Revocation for a Second Drunk Driving Offense

The main cases in which a driver's license is revoked due to drunk driving are as follows.


1) a blood alcohol concentration of 0.08% or higher

2) refusal of a breath alcohol test.

3) where there is a record of license suspension or revocation due to drunk driving on 2 or more occasions in the past (unlike criminal punishment, this is not limited to within 10 years)

3. Assistance Provided to the Second Drunk Driving Offense Client

Preparing Assistance for a Client with Two Drunk Driving Offenses

The client had a prior record of having a license revoked for drunk driving in the past, so if this case were regarded as a second drunk driving offense within 10 years, there was a concern of aggravated punishment.

However, the key issue in this case was that there was no actual drinking while driving, and that the client had drunk alcohol inside the vehicle after finishing parking.

Accordingly, in order to prove the client's assertion, the criminal attorney closely examined the circumstances of the case and secured various forms of evidence that could support it.

Criminal Attorney's Argument (1) | There Was No Drunk Driving

The criminal attorney first closely reviewed the travel route and the time taken when leaving work in order to support the client's argument.

As a result of a comprehensive analysis of the surrounding traffic conditions and distance, it was possible to prove that the time taken to leave work was short and that it would be unreasonable to find that the client had been drinking inside the workplace before leaving.

The criminal attorney also secured the client's workplace environment and coworker statements and emphasized that there was in fact no place at the workplace where drinking could occur, and that the coworkers who had worked together likewise consistently stated that the client had not drunk before leaving work.

Criminal Attorney's Argument (2) | The Credibility of the Statement

The client consistently stated from the beginning that the client drank inside the vehicle after finishing driving.

The criminal attorney explained that there was a possibility that the client's judgment had been clouded at the time of the breathalyzer test, resulting in an error in part of the statement.

In response, the attorney emphasized that it is not reasonable to deny the credibility of the entire statement based solely on a simple retraction of a statement.

4. Second Drunk Driving Offense Client Assistance Outcome, 'Non-Referral'

Second drunk driving offense, case of a non-referral decision for the client

As a result of the assistance for the client with a second drunk driving offense, the police issued a non-referral decision for the client.

The client repeatedly expressed gratitude, saying that thanks to the criminal attorney he was able to defend against punishment.

If You Are a Repeat Drunk Driving Offender?

When a person is caught drunk driving two or more times and is regarded as a repeat offender, the person becomes subject to aggravated punishment.

In particular, if a person is caught drunk driving two or more times within 10 years, criminal punishment under the Road Traffic Act becomes even stricter, and the likelihood of an actual custodial sentence also increases.

In addition, because such cases lead not only to criminal punishment but also to administrative dispositions such as license revocation and suspension, it is very important to prepare a systematic response strategy with the assistance of a specialized attorney.

Based on extensive experience with repeat drunk driving cases, Daeryun LLC closely analyzes the client's specific circumstances and evidence and presents a defense strategy suited to the situation.

If you are implicated in a drunk driving case and facing punishment, please feel free at any time to request assistance through Daeryun LLC's legal consultation booking.

음주운전2회

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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Attorney SeungChan LEE

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