If the level is at the license revocation threshold, will I unconditionally receive DUI criminal punishment?

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I'm a BJ (online broadcaster) and want to not renew with my current agency and sign with another one. When I first signed with my previous agency, I had no experience and just signed what they gave me. Later I realized the revenue split was unfavorable and penalty fees for unilateral termination were huge. Fortunately that contract ended, and this time I want to sign properly. Is there a way to prevent unfair contracts in advance?

DUI criminal punishment

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作者: 박동일

Hello. This is the DUI criminal specialist attorney at Daeryun Law Firm.

As you mentioned in your question, if you are caught with a blood alcohol concentration of 0.08% or higher, you become subject to driver's license revocation under the Road Traffic Act, and separately, DUI criminal punishment may also be carried out together.

Drunk driving is treated as a crime under criminal law based solely on the level at the time of being caught, so regardless of whether there was an accident, criminal liability follows when a certain standard is exceeded.

In particular, a blood alcohol concentration of 0.08% or higher is a level that becomes subject to criminal punishment with a fine sentence or imprisonment sentence, not just at the level of administrative disposition, and criminal indictment is generally carried out in most cases.

However, the actual level of DUI criminal punishment is determined by various factors in addition to the level.

Various factors are considered, such as whether you are a first-time offender or repeat offender, the circumstances and purpose of drinking, driving distance, whether there was an accident, the driver's attitude, and the degree of reflection. For example, if you are a first-time offender and the danger was relatively low compared to the amount of alcohol consumed, there is also the possibility of being concluded with a summary order or fine sentence.

However, conversely, if you are a repeat offender or if intent is emphasized due to incorrect statements at the time of being caught, the possibility of imprisonment cannot be ruled out.

Therefore, simply because of the license revocation level, it does not mean that the same punishment is unconditionally applied, and the result can vary greatly depending on what statements are made in the initial response and what materials are prepared through attorney assistance.

The higher the level when caught, the more important it is to quickly set the direction of legal response together with an attorney with experience in responding to DUI criminal punishment.