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Q

What measures are taken when an unfair trade practice is committed?

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After drinking at an acquaintance's wedding, I got caught at a drunk driving checkpoint on my way home. My BAC was 0.095%, and the police said I could face not only license revocation but also DUI criminal punishment... My BAC was high, but I was just heading home without causing an accident — will I still be punished? I'm wondering if exceeding the license revocation threshold always results in criminal punishment.

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A

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Hello. I will explain regarding unfair trade practices.

If unfair customer enticement is recognized as an unfair trade practice and consequently a violation of the Fair Trade Act is recognized, you may be subject to administrative sanctions such as corrective orders and surcharges, as well as criminal punishment.

Particularly, those who commit unfair trade practices may be sentenced to imprisonment of up to 2 years or a fine of up to 150 million won, so caution is required.

Unfair trade practices include general unfair trade practices and specific unfair trade practices stipulated in the Fair Trade Act.

In your case, it may be interpreted as having committed general unfair trade by falling under unfair customer enticement.

Unfair customer enticement applies when a competitor's customers are unfairly induced to deal with oneself using deception, etc.

In particular, unfair customer enticement may be established when customers are induced by providing excessive benefits or by methods that prevent the formation of contracts.

If you are facing the risk of punishment or administrative disposition for unfair trade practices, getting help from an attorney with expertise in the relevant field to respond may be a wise approach.

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