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Unlicensed driving charges due to livelihood threats

■ Overview of the Case (Facts) The client, whose driver's license had been revoked due to a previous drunk driving offense, was asked by a colleague to drive a company vehicle for a short period of time. He was in a situation where his livelihood would be seriously threatened if the company knew about the revocation of his driver's license, and a momentary lapse of judgment led him to drive without a license. Fortunately, he was not under the influence of alcohol at the time of driving, and no accidents or human or material damages occurred during the driving process. Later, he was investigated by law enforcement agencies and decided that he needed a quick and accurate response. ■ Case Issues (Features of the Case) The main issues were how the client came to drive without a license again during his probation period, his intentionality, will to prevent recidivism, and extenuating circumstances such as family livelihood and social ties. Onkang's defense team was able to prove the client's extenuating circumstances and obtain a lenient sentence, including

Appealing a DUI charge for driving under the influence of alcohol by a public official

■ Case Overview The client was caught driving under the influence of alcohol and was sentenced to a fine of KRW 10 million in the first trial. However, the prosecution filed an appeal, claiming that the original sentence was too light, emphasizing the client's prior convictions and his responsibilities as a public servant. The client sought Ongang Law Firm to resolve his injustice and prove his remorse and efforts to prevent recidivism. Case Issues The key issue was to rebut the prosecutor's reasons for appeal, and to maintain the appropriateness of the original sentence by proving the client's sincere remorse and efforts to prevent recidivism. ■ Onkang's Assistance Onkang's defense team provided the following legal assistance in order to dismiss the prosecutor's appeal. 1. Constructed a thorough rebuttal logic to the reasons for the appeal By closely examining the reasons for the appeal claimed by the prosecutor (such as the same criminal history, responsibility of public officials, etc.), we demonstrated that the original trial judgment was properly made within the sentencing standards. 2.

DUI charge for driving home after drinking alcohol

■ Case Summary The client got behind the wheel to return home after drinking, but was caught driving about 20 kilometers with a blood alcohol content of 0.084%. Due to a momentary lapse in judgment at the time of the incident, he was caught driving under the influence of alcohol, and afterward, he deeply regretted his mistake and wanted to make efforts to prevent recidivism. ■ Case Issues The main issue was that the client was found to have been driving under the influence of alcohol, but his blood alcohol content was measured during a period of elevated blood alcohol content, so it was possible that the actual level at the time of driving was below the 0.08% penalty threshold. From the beginning of the case, Onkang Law Firm developed a systematic and logical legal response to effectively convey the client's frustration and sincere remorse. First, we analyzed the time interval between the time of driving and the time of measurement, and the characteristics of the blood alcohol level during the elevation phase, to prove that the blood alcohol level at the time of driving was likely below the 0.08% penalty threshold. This was called the

Alleged failure to act after car accident due to diabetic hypoglycemic shock

■ Case Overview The client was prone to hypoglycemic shock due to his diabetes, and on the day of the accident, his hypoglycemic condition worsened, causing him to temporarily faint. The accident resulted in his vehicle colliding with a damaged cargo vehicle and a street tree, but the client fled the scene briefly without realizing the accident. During the police investigation, the client complained of injustice, citing the circumstances of the accident and his medical condition, and sought legal assistance from Ongang Law Firm. ■ Case Issues The main issues were that the client did not recognize the accident due to hypoglycemic shock at the time of the accident, and that there was no intentional failure to take measures after the accident. ■ Onkang Law Firm's Assistance In order to resolve the client's injustice, Onkang Law Firm focused on thorough fact-finding and legal response from the beginning of the case. First, we established that the client was unconscious due to hypoglycemic shock at the time of the accident.

DUI and failure to act after an accident due to prior DUI convictions appeal case

The client had been drinking at an after-work get-together with an acquaintance and later drove a short distance and caused an accident. After the accident, the client fled the scene and was found to be driving under the influence during the police investigation. As a result of the investigation, it was found that the client had two previous drunk driving convictions, and these convictions played a role in this case, resulting in a sentence of 10 months in prison, 2 years of probation, 80 hours of community service, and 40 hours of compliance driving course at the first trial. However, the client decided to appeal the sentence and sought out Ongang Law Firm for legal representation, believing that the sentence was excessive and would make it too difficult for the client to make a living and return to society. ■ Case Issues 1. Legal Liability for Drunk Driving and Failure to Act After an Accident The client was driving under the influence of alcohol and left the scene after an accident.

Appealing a wrongful DUI charge

The client was stopped by the police while returning home from a late-night gathering with friends. He was charged with operating a vehicle, and his blood alcohol level was measured at 0.155%, well over the legal limit for driving under the influence. The police charged the client with drunk driving based on witness statements and the client's state of intoxication, and the case went to trial. The client strongly argued that he was not driving the vehicle and that the drunk driving charge was untrue, but he was convicted at the first trial with a fine of KRW 7 million. The client came to Ongang Law Firm to find out the truth of the case. ■Case Issues The issue in the case was whether the client was driving a vehicle while intoxicated. The prosecutor argued for drunk driving based on witnesses' statements, the contents of the 112 call, and the condition of the vehicle, but on appeal, objective evidence such as witnesses' unreliability (possible mistake due to intoxication), dashcam footage, etc.

Suspicion of fleeing after a traffic accident, accident aftermath, and violation of the Traffic Accident Handling Special Act (lethal injury)

■ Case Overview This is a traffic accident case that occurred on the road in front of Yeongdeungpo-gu, Seoul. The prosecutor sent the client an indictment for leaving the scene of a traffic accident, and the client came to Ongang Law Firm in need of a legal response. The key issues in this case were the legal review of the prosecution's findings and the effective response in the appeal process. In particular, how to prove the client's sincere efforts to recover damages after the accident, as well as the applicability of the elements of the charge of fleeing the scene, were important issues. Ongang implemented the following strategic approaches in the appeal process: 1. Active efforts to recover damages Arrange for the deposit and payment of settlement funds Promptly arrange for the transfer of insurance claims and reach an amicable settlement with the victim 2. Legal response Careful legal review at the prosecution's appeal stage Specific rebuttal of the charge of escape from justice

Suspicion of escape injury due to loss of consciousness, accident aftermath, and violation of the Traffic Accident Handling Special Act (lethal injury)

■ Case Summary The client (a driver) crossed the center line while driving and caused an initial collision with a disabled taxi driver who was traveling in the opposite lane. The first accident resulted in injuries to the victim that required medical treatment for about two weeks and vehicle repair costs. The second accident occurred on a nearby road with a passenger vehicle waiting at a traffic light, which resulted in injuries to the victim that required medical treatment and vehicle repair costs. At the time, the client was unconscious due to side effects of his medication and autonomic dysfunction, which made it impossible for him to drive normally. After the accident, the client was accused of violating the Specified Crimes and Aggravated Penalties Act (escape from the scene) for leaving the scene. Case Issues The key issues in this case are whether the client lost consciousness and the absence of intent to flee. The client admits to the objective facts of the first and second traffic accidents, but denies that he lost consciousness due to autonomic dysfunction at the time of the accident.

Suspicion of violation of the Traffic Accident Handling Special Act (injury) and violation of the Road Traffic Act (drunk driving) due to drunken traffic accident

■ Case Overview This case involves a client who was investigated for violating the Traffic Accident Handling Special Act (injury) and violating the Road Traffic Act (drunk driving) for causing a traffic accident after drinking alcohol. The client was a driver and was traveling on a highway at night when he was involved in a collision with a vehicle in front of him. The client's blood alcohol content was found to be 0.114% at the time of the accident, which caused injuries to two victims, including a concussion and multiple sprains. ■ Case Issues In this case, the client admitted to both driving under the influence of alcohol and causing the traffic accident, and is deeply remorseful for his wrongdoing. Therefore, the main issue in this case was to obtain an appropriate sentence for the client. Our firm prepared a defense that took into account the client's sincere remorse, active efforts to recover from the damage, and all extenuating circumstances. Issue Resolution

Charged with DUI and DUI while intoxicated for a pedestrian crossing accident while operating a motorcycle.

■ Case Overview The client was charged with criminal offenses for driving a motorcycle while intoxicated and hitting the victims at a crosswalk, causing injuries of 8 weeks. The client was charged with violating a traffic signal while driving a motorcycle while intoxicated, causing two victims who were crossing a crosswalk to be shocked and injured, each with a diagnosis of 8 weeks, and the crime was not light, and the client was charged with a preliminary hearing without receiving much assistance despite appointing another lawyer during the investigation stage. As he was under indictment, there was no agreement with the victims, and his blood alcohol level was very high, but he could not prepare any other plea materials, so he had to find his own plea materials within a short time and hope for the best possible sentence. Our lawyers first tried their best to convey the client's sincere apology to the victims and to reach a settlement. As a result, the case was resolved.