I have questions about whether DUI is established.

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I drank until dawn and called a designated driver to park at the parking lot. After the driver left, I stayed in the car heavily intoxicated, put the gear in neutral, and fell asleep. When I woke up, the car had slightly moved forward and hit the car in front. My BAC came out to 0.21%, and I'm facing punishment for drunk driving. I was asleep — I'm wondering if drunk driving is established and feel it's unfair.

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作者: 박동일

DUI is established only when a person operates a vehicle while drinking (blood alcohol concentration of 0.03% or higher).

Even if you have been drinking, if you did not 'drive,' DUI is naturally not established. However, if it is regarded as DUI as in this situation, you have no choice but to contest non-suspicion or innocence in criminal proceedings.

Even if you receive license suspension/revocation due to DUI, if you receive a non-suspicion or innocent disposition for that DUI, the license suspension/revocation will be revoked.

Once you have driven under the influence, regardless of whether you were caught during DUI or were detected after the DUI act ended due to a third party's report, it is established as DUI for any reason.

In particular, in your case where the blood alcohol concentration is 0.21%, you may be subject to imprisonment of 2 to 5 years or a fine of 10 to 20 million won.

Since the standard for being intoxicated is also exceeded, your driving license is also expected to be revoked.

In this case, reasons such as not remembering or short DUI distance do not justify DUI itself, so you must be careful.

However, in a situation like yours, according to Supreme Court Decision 2004do1109 of April 23, 2004, if the vehicle moved by mistake without intent to make it move, this is not considered driving. Therefore, if you contest the issues well, you may seek a way to conclude the case.

If you are a first-time offender, please quickly retain a DUI specialist attorney and establish a defense strategy to prevent criminal punishment.