[Defense Case Study of a Suseong-gu Criminal Specialist Attorney] A Suseong-gu Criminal Specialist Attorney Successfully Defended a Repeat Drunk Driving Offense, Obtaining a Suspended Sentence

The client in this case had a prior record of committing drunk driving and being sentenced to a fine or heavier.

Four months later, the client again committed the offenses of drunk driving · driving without a license.

Having committed a repeat drunk driving offense without a driver's license and while intoxicated at a blood alcohol concentration of 0.118%, the client was placed in a situation where an actual custodial sentence was difficult to avoid.

Seeking the assistance of a specialized attorney in order to avoid an actual custodial sentence, the client came to the Suseong-gu criminal specialist attorney.

■ Drunk driving

Where a repeat offense occurs within 10 years of a simple drunk driving detection

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

▶ Refusal of a police request for a breath alcohol test

- Imprisonment for not less than 1 year and not more than 6 years, or a fine of not less than 5 million won and not more than 30 million won

▶ Blood alcohol concentration of 0.2% 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% or higher but less than 0.2%

- 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

■ Driving without a license

Among the provisions of Article 152 (Penalty Provisions) of the Road Traffic Act, a person falling under any of the following shall be subject to imprisonment for not more than 1 year or a fine not exceeding 3 million won

▶ A person who drives an automobile without having obtained a driver's license or while the effect of the license is suspended

▶ An employer or others who directs a person without a driver's license or whose license is suspended to drive an automobile

▶ A person who, by false or other improper means, obtains a driver's license or is issued a driver's license or a certificate in lieu of a driver's license

■ The Suseong-gu criminal specialist attorney emphasized that the client had promised not to drive while intoxicated and was making genuine efforts, such as writing a pledge of law compliance, completing cognitive-behavioral education, and attending video education on the prevention of repeat drunk driving offenses.

■ The Suseong-gu criminal specialist attorney emphasized that the client had solemnly promised to accept any punishment without complaint should the client commit the same offense again.

■ The Suseong-gu criminal specialist attorney emphasized that the client's conduct amounted to simple drunk driving, that the distance driven was relatively short at about 5 km, and that no accident, including any casualty, occurred.

Accepting the argument of the Suseong-gu criminal specialist attorney, the court ruled, ‘The defendant is sentenced to imprisonment for 1 year. However, the execution of the said sentence is suspended for 2 years from the date this judgment becomes final.’

Through the assistance of the Suseong-gu criminal specialist attorney, the client was able to obtain a suspended sentence.

If you, like the client in the case above, have committed a repeat drunk driving offense and need the assistance of a specialized attorney, we invite you to come to a Suseong-gu criminal specialist attorney at any time.

Drawing on extensive experience handling many cases, we will actively assist with your case.