Can I get a four-time drunk driving fine?
I am a registered criminal law lawyer of the Korea Bar Association. I’m Kim Min-soo, a lawyer specializing in criminal affairs.The punishment for drunk driving has become increasingly severe over time, and we cannot proceed with the appropriate response by thinking the same as in the past and thinking, “You will be fined again this time.”In particular, it has the characteristic of being punished even if there is no accident, so it is very difficult to argue because there is no requirement to reduce the sentence of “agreement with the victim.”Therefore, drunk driving cases must be dealt with quickly from the beginning and efforts must be made to avoid prison sentences. Today, I would like to introduce how to deal with drunk driving properly.
[Application for consultation] I’ll listen to it myself.I think my client’s worries and worries are my own concerns. Hello, Mr. Kim & Partners representative of law firm blog.naver.com
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[Application for consultation] I’ll listen to it myself.I think my client’s worries and worries are my own concerns. Hello, Mr. Kim & Partners representative of law firm blog.naver.com
What are the criteria for determining drunk driving and sentencing?
Drunk driving is a criminal act that can be established if the alcohol level in the blood is 0.03% or higher by conducting a breathalyzer test according to a police crackdown or a resident’s report.In addition to criminal punishment, additional administrative measures such as revocation or suspension of a license may be imposed. In the case of first-time offenders, most of them are first-time offenders. First offenders of drunk driving can also be sentenced to prison.
Recently, however, the number of first-time offenders sentenced to prison is increasing, so the proposition “can be ended with a fine” is not necessarily valid.In addition, repeated drunk driving can be severely punished because Korea has a so-called “strikeout system” in which three drunk driving crackdowns require a trial through formal prosecution. The punishment for drunk driving is not light.
The reason why such a system is established is that, contrary to the serious social damage caused by drunk driving, you can have the idea that you will not be punished if you don’t get it. Therefore, so there will be frequent recurrences occur.Therefore, when judging a sentence in a drunk driving trial, not only the circumstances of the incident, but also the damage caused by the incident, and the possibility of recurrence in the future, may act as important requirements for determining the sentence.In particular, no matter how light the case is, if there is no room for reflection, a prison sentence can be sentenced, so it is very important to prepare detailed arguments through thorough preparation. Four cases of drunk driving that we did.
Despite having three previous drunk driving convictions, client A drank and took the wheel again, and the drunk control was carried out according to a report from a citizen who was watching the client’s acrobatic driving.At the time of the discovery, the blood alcohol level of the client was 0.115 percent, which was a high value equivalent to revoking the license.The bigger problem was that the “Yoon Chang-ho Act,” which requires severe punishment for just two drunk driving times at the time of the incident, was before it was unconstitutional.
General level of criminal punishment for drunk driving: 2 fines: 3 fines: 4 fines: 4 penalties: suspended sentences: suspended sentences: imprisonment
In this situation, the recurrence of four drunk driving cases was a case in which he was sentenced to prison, and the client was in desperate need of legal help.However, it was very important that the public corporation in which the client was in office was fined because the retirement and a considerable amount of severance pay would naturally be confiscated if the employee was sentenced to more than a suspended sentence.For that reason, the client was in desperate need of legal help and visited our legal firm to ask for help.
Case Summary Yoon Chang-ho: Retirement and severance pay confiscated if he or she is sentenced to suspension of execution more than four times prior to the unconstitutionality of the law.
Case Summary Yoon Chang-ho: Retirement and severance pay confiscated if he or she is sentenced to suspension of execution more than four times prior to the unconstitutionality of the law.
Assistance from Kim & Partners, a legal corporation
The case ended with a fine. Our legal corporation, which was in charge of the case, was able to understand the details of the case through in-depth consultation with its clients, and decided that it was impossible to avoid prison sentences simply by saying, “I want you to overlook it once.”Therefore, in order to achieve the results that the client wants, he made it clear that drunk driving would not recur in the future, and devised a strategy to appeal to the client’s current situation and create room for sentence reduction. I appealed the client’s position to the court.
For this reason, we strongly argued that the sentence reduction factor that our client is satisfied with now is a way to emerge, and we did our best to be satisfied before the trial is over through close cooperation with those that were not yet satisfied.I was satisfied with all of this during the trial process, and I strongly insisted on it through the defense counsel’s opinion and summary of the argument, and appealed for the client’s leniency.The prosecutor who was in charge of the case said, “There is no room for improvement and it should be severely punished,” and demanded two years in prison for his client.However, due to the thorough response of our legal corporation, the court decided to impose a fine.Not only was the client able to escape the prison crisis with appropriate legal support, but he was able to protect his workplace and cover his retirement allowance. With legal support from Kim & Partners,Previous Image Next ImageCurrently, the “Yoon Chang-ho Act” has been ruled unconstitutional and the three-team out system has been selected again, but the punishment for drunk driving has not weakened.On the contrary, serious cases of drunk driving have been reported frequently, and the courts have maintained a severe punishment stance to resolve this situation. Drunk driving, traffic accidents, and quick response are necessary.In addition, drunk driving is a case in which the results of the ruling come out very quickly in that there is relatively clear evidence of “blood alcohol concentration.”Therefore, if we do not take prompt action, the outcome of the sudden ruling may be confusing.Therefore, if you are currently in a difficult situation related to drunk driving, you need quick legal assistance, and it is desirable to take appropriate action through a professional lawyer.I defend the drunk traffic case like this.It’s important who you are with drunk traffic. Hello, Kim and Partners, Kim Minsoo…blog.naver.comI defend the drunk traffic case like this.It’s important who you are with drunk traffic. Hello, Kim and Partners, Kim Minsoo…blog.naver.comKim & Partners Seoul Attorney’s Office 3304th floor, Seocho-daero, Seocho-gu, Seoul Metropolitan GovernmentLaw firm Kim & Partners Daegu Attorney’s Office 7th floor, 353 Sanskrit, Dongdaegu-ro, Suseong-gu, DaeguLaw firm Kim & Partners Changwon Attorney’s Office 4th floor of Kaya Building, 689, Kurani-daero, Seongsan-gu, Changwon-si, Gyeongsangnam-do, South Gyeongsang Province11th floor of Jeonglim Building, 34 Court Road, Yeonje-gu, Busan, Kim & Partners Busan Attorney’s Office11th floor of Jeonglim Building, 34 Court Road, Yeonje-gu, Busan, Kim & Partners Busan Attorney’s Office11th floor of Jeonglim Building, 34 Court Road, Yeonje-gu, Busan, Kim & Partners Busan Attorney’s Office11th floor of Jeonglim Building, 34 Court Road, Yeonje-gu, Busan, Kim & Partners Busan Attorney’s OfficePrevious Image Next ImagePrevious Image Next ImagePrevious Image Next ImagePrevious Image Next ImagePrevious Image Next ImagePrevious Image Next ImagePrevious Image Next ImagePrevious Image Next ImagePrevious Image Next ImagePrevious Image Next ImagePrevious Image Next Image