A Criminal Case Attorney's Assistance | Defendant in an Unlawful Use of an Official Document Case, Suspension of Sentencing

Even after the death of the client's father, who had been a person of national merit and a person with a disability, the client kept the disabled-only parking permit issued in his father's name.

As occasions to take his mother, who had difficulty moving, to the hospital became more frequent, he unavoidably used the parking permit about three times.

Such conduct could legally constitute ‘unlawful use of an official document,’ and ultimately the client became subject to a police investigation.

During the investigation, the client acknowledged the facts, and as a result a summary order had been issued.

However, given the nature of his occupation, the client was in a very difficult position, as he could suffer serious disadvantages, such as removal from his position, if a fine were finalized.

The client therefore requested a formal trial and sought the assistance of a criminal case attorney in order to obtain the greatest possible leniency.

In this case as well, because a disabled-only parking permit constitutes an official document or token issued by a public institution, if a person who is not the eligible holder uses it, the crime of ‘unlawful use of an official document’ may be established.

In other words, the client's use of the parking permit even after his father's death became a legal problem and made him subject to investigation and punishment.

The core issue in this case was that the client used the disabled-only parking permit even after his father's death.

Because unlawful use of an official document can be established by the ‘use without legitimate authority’ alone, a strategy of simply denying the offense or attempting to justify it could have worked to the client's disadvantage.

Accordingly, the criminal attorney set as the basic direction of the defense having the client acknowledge the facts of the offense while consistently showing a remorseful attitude.

In particular, he emphasized that the use was temporary rather than habitual or for profit, based on grounds such as the extremely limited number of uses and the immediate payment of the administrative fine when it was imposed.

This made it possible to give the court the impression that the offense was not intentional or planned.

Another issue was the question of “why the client specifically used the parking permit issued in his father's name.”

If the purpose was mere convenience, it would be difficult to obtain mitigating consideration.

Accordingly, the criminal attorney submitted medical records and administrative agency notices proving the client's mother's difficulty in moving and the reasons she could not be registered as a person with a disability.

He also presented specific facts, such as the structure of the vehicle that made it difficult to load a wheelchair and that all of the times of use coincided with the mother's hospital visits.

Through this, it was possible to prove that the use of the parking permit was an unavoidable choice arising purely from the purpose of caring for family, and the circumstances were conveyed persuasively to the court.

Finally, the greatest problem for the client was the occupational disadvantage.

If even a fine were finalized, removal from his position would be unavoidable, and his livelihood could be threatened.

Accordingly, the criminal attorney emphasized that the client was a first-time offender and supported, with a petition and a certificate of employment, the fact that he had long cared for his ailing mother.

He also highlighted that the client had clear social ties and that the likelihood of reoffending was markedly low, and strongly argued the need to allow the client to maintain his social function through leniency.

If you are facing an investigation or trial on charges such as unlawful use of an official document, it is important to quickly consult a specialist, organize the evidence, and prepare grounds for mitigating consideration.

Daeryun Law Firm includes many attorneys with experience in handling various criminal cases, including criminal law specialist attorneys registered with the Korean Bar Association.

Through a consultation-dedicated attorney system, the firm quickly identifies the issues of a case, and through the assignment of a case-dedicated attorney, it establishes a response strategy tailored to the client.

If you are facing difficulty in a similar situation, 🔗Legal Consultation Reservation is available at any time, and we invite you to entrust your case to us.