I'm facing public official DUI criminal punishment and disciplinary action.

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Hello. I'm a student preparing to become a military civilian employee. While studying, I have a question. Is Military Criminal Act punishment only for soldiers? Civilian military employees working in the military aside, what about military academy cadets — what laws are they punished under? And reservists are civilians, but can they also be punished under the Military Criminal Act?

public official disciplinary action

grounds for public official disqualification

public official DUI

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作者: 박동일

If you committed public official DUI and caused a traffic accident, in addition to criminal punishment for violating the Road Traffic Act, disciplinary action may also be imposed.

This is because DUI is regarded as conduct that significantly damages the trust and responsibility as a public official.

If it is your first DUI and your blood alcohol concentration was less than 0.08%, you may receive disciplinary action of suspension to salary reduction.

However, since you said you caused an accident, there appears to be personal and material damage, and in serious cases, dismissal, removal, and suspension are also possible.

The possibility of imposing heavy disciplinary action cannot be ruled out, so you should attempt mitigation by submitting a letter of reflection, recidivism prevention pledge, completion of DUI prevention education, etc.

If you judge the level of disciplinary action to be excessive, you can also dispute it through an appeal review or administrative lawsuit.

In addition, grounds for public official disqualification are stipulated in Article 33 of the State Public Officials Act.

(1) When 2 years have not passed since the suspension period ended after a suspended sentence verdict
(2) When 5 years have not passed since the day the execution ended or was exempted after being sentenced to actual imprisonment of imprisonment or higher
(3) When 2 years have not passed since being sentenced to a fine of 3 million won or more after being involved in a criminal case

For a clear judgment on whether it is a public official DUI disciplinary matter or whether it falls under grounds for disqualification, please consult with a criminal specialist attorney.