Will I always get a reduced sentence if I apply for DUI relief?

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I run a small to medium-sized manufacturing business. It seems someone reported us to the Fair Trade Commission, possibly because of similar discount terms with a competitor. There's no investigation or official notice yet, but I'm worried about facing disadvantages later. Is there anything I can prepare before the formal investigation begins after a complaint has been filed with the Fair Trade Commission?

DUI relief

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作者: 박동일

The DUI relief you mentioned refers to a response strategy aimed at objections to administrative dispositions and reduction of criminal punishment.

However, applying for DUI relief does not necessarily lead to a reduced sentence.

First, in terms of administrative disposition relief, under Article 94 of the Road Traffic Act, if you receive a disposition of revocation or suspension of driving license, you can file an objection within 60 days, and you can also file an administrative trial within 90 days under the Administrative Appeals Act.

However, the actual success or failure of relief is judged based on complex circumstances such as the time of application, blood alcohol concentration, presence of accident, and connection with livelihood.

For example, even for a first-time DUI, if the level is 0.08% or higher or there was an accident, relief is difficult based solely on "please forgive me because it's only once."

On the other hand, if the alcohol level is low and there are circumstances where driving is essential for livelihood, you can increase the possibility of sentence reduction by organizing sentencing reasons and submitting a plea letter or opinion.

In addition, regarding criminal punishment, since DUI is not only a violation of the Road Traffic Act but also regarded as an act that harms public safety, the possibility of recidivism, whether you are reflecting, and pleas from those around you act as important factors.

Therefore, rather than viewing DUI relief as an unconditional sentence reduction tool, you must establish a response strategy tailored to specific cases by receiving expert assistance.

The key to DUI relief is not the fact that you "applied" but what content you used to explain.

In your case, where there was no accident and you are a first-time offender, if you systematically explain factors such as blood alcohol concentration and livelihood circumstances, you can fully expect the possibility of DUI relief.

However, since the result may vary depending on the persuasiveness of the submitted materials, strategic preparation is necessary.