Strengthened standards for vehicle confiscation for drunk driving... What is the defense strategy to protect key assets?

Column by Attorney Hongcheol Jeong of Daeryun Law Firm (Limited)

Although social awareness of drunk driving has become higher than ever, the drunk driving recidivism rate is still at a serious level. According to the National Police Agency's statistics, last year's drunk driving recidivism rate reached 43.65%, and in particular, the number of repeat offenders caught six or more times has increased significantly, showing that the cycle of recidivism is not easily broken.

In order to eradicate these crimes, the Supreme Prosecutors' Office and the National Police Agency established a 'joint prosecution and police measure to eradicate drunk driving' starting in July 2023 and introduced full-scale measures to confiscate and confiscate vehicles of habitual drivers. A total of 1,173 vehicles were confiscated across the country last year under this system.

In particular, investigative agencies have been increasing the level of pressure on habitual drunk drivers by further expanding the confiscation standards since the end of last year. Previously, vehicle confiscation was limited to cases where a death or serious injury accident occurred, but the scope has now been expanded to include cases where a person is on trial for drunk driving or commits a recidivism while on probation. Additionally, if a person with a history of drunk driving within 5 years is caught again while intoxicated with a blood alcohol concentration of 0.2% or more, he or she will be subject to this. This year, as these strict standards are applied across all fronts, vehicle confiscation cases are expected to rise even more steeply.

If you are at risk of having your vehicle confiscated due to being caught drunk driving, you must take thorough legal action to preserve the vehicle, which is a key household asset. For a successful defense, a legal approach using objective data from the early stages is essential. According to Article 48 of the Criminal Act, the confiscation of vehicles for drunk driving is not a mandatory obligation but rather an ‘arbitrary confiscation’ at the discretion of the court. Therefore, the key to defense is to demonstrate that the vehicle in question is the family's only means of livelihood or that the confiscation is overly harsh considering the value of the vehicle.

Furthermore, in order to avoid a vehicle confiscation sentence, a persuasive argument for ‘blocking the possibility of reoffending’ is needed. It is necessary to go beyond simply a written reflection requesting leniency, and to have voluntary efforts recognized by the court through records of treatment for alcohol dependence or use of public transportation.

In particular, in cases of accidents involving human and material damage, whether or not there is an agreement to recover damages can be an important extenuating circumstance not only in sentencing but also in defending vehicle confiscation. This is because reaching an amicable agreement with the victim and securing a 'non-punishment application' is the most important sentencing element that shows that the defendant has fulfilled his responsibility for his crime. At this time, there is a high risk that if the defendant directly enters into an agreement, it will be misunderstood as a ‘secondary offense’ and the agreement will be broken, so it is safer to go through objective mediation through a legal representative. Relieving the weight of the incident through rapid damage recovery is the only practical justification for preventing punitive vehicle confiscation.

DUI criminal trial and vehicle confiscation defense are important legal procedures that require faithful submission and explanation of materials to support the facts and normal relationship. An emotional appeal of injustice alone cannot persuade investigative agencies and the court. Collecting evidence based on facts and responding in accordance with legal procedures based on consistent legal principles is the only sure way to protect precious property and daily life amidst massive institutional changes.

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