Drunk driving by a repeat offender
The client had already been convicted four times over drink driving. In late 2020, with a blood alcohol level of 0.171 per cent, they drove a car back and forth along a three metre stretch of road and were charged as a repeat offender. They were sent to prison at the first trial and taken into custody there and then, and the prosecution appealed asking for an even heavier sentence.
Drunk drivingRepeat offenderFour prior convictionsTaken into custodyAppeal
Suspended sentence (집행유예)Criminal
Facts
The defendant (client) had a record of three fines for drunk driving and, most recently in 2015, a suspended sentence.
In October 2020, the defendant, while intoxicated with a blood alcohol concentration of 0.171 percent, was indicted on charges of drunk driving two or more times by driving a car in a manner that repeated going forward and backward over a section of road of about 3 meters, and was sentenced to one year of imprisonment in the first instance and detained at the same time.
Then, the defendant's family urgently sought out attorney Joo Youngjae and requested representation in the appeal, and the prosecutor also appealed, arguing that the punishment against the defendant was too light.
Attorney Joo Youngjae's assistance
The defendant already had four previous drunk driving convictions, and among them was a suspended sentence, so a prison term could easily be expected. Nevertheless, he made a careless decision and went through the first instance trial without the assistance of counsel.
Of course, given the above drunk driving record, even if the defendant had received counsel's assistance, it is highly likely that a prison term would have been imposed, and depending on the case, he could have received a heavier sentence in the appeal.
Even in the difficult situation, attorney Joo Youngjae collected as much favorable sentencing data as possible so that the defendant could receive a suspended sentence.
Most of all, attorney Joo Youngjae made the defendant submit a letter of reflection three to four times a week, to appeal that he was sincerely reflecting. He also submitted data regarding the diseases the defendant suffered from, and actively argued that the illegality was not significant given the circumstances that led the defendant to drive and the distance driven.
Court's decision
The court accepted the above arguments of attorney Joo Youngjae, reversed the first instance judgment, and imposed a suspended sentence. The defendant was released immediately and returned to his family.
Since the prosecutor could not appeal on the grounds of unfair sentencing, the above judgment became final.
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