Page title background (PC version)Page title background (mobile version)

Legal Intellectual

Tired of unprofessional or promotional legal answers?
Daeryun specialist lawyers will answer your questions.

Q

I have a question about the punishment for second-time drunk driving following the unconstitutionality ruling on the Yun Chang-ho Act.

Legal IntellectualViews53,482

I am asking because there is talk that the two-strikes system of the Yun Chang-ho Act is unconstitutional. Following the unconstitutionality decision on the Yun Chang-ho Act, which imposed aggravated punishment when a person who refused a breathalyzer test again refuses a breathalyzer test or drives under the influence, has the punishment standard for second-time drunk driving changed? I am a repeat offender, but my blood alcohol concentration level of 0.04% is not that high. My first offense was three years ago, so I am a little anxious, but what will the punishment standard be?

Second-time drunk driving

Yun Chang-ho Act

Repeat drunk driving

A

Answer to Related Inquiry

In 2022, the provision of the so-called ‘Yun Chang-ho Act’ imposing aggravated punishment for a second or subsequent instance of drunk driving (the two-strikes system) was ruled unconstitutional.

As a result, courts have changed to determine punishment on a case-by-case basis, and for those previously punished under the Yun Chang-ho Act, the possibility of requesting a retrial or of mitigation may arise.

However, this does not apply in every case, and the unconstitutionality decision is not automatically applied retroactively to administrative dispositions (license revocation or suspension).

In your case, it appears to be a second-time drunk driving situation corresponding to the license suspension range (0.03 to 0.08%).

In particular, when a person has driven under the influence within 10 years, even at 0.04%, they are punished by imprisonment for at least 1 year and up to 5 years, or a fine of at least 5 million won and up to 20 million won.

In accordance with the mandatory ignition interlock device for repeat drunk driving offenders, which took effect in October 2024, it appears that dispositions such as the mandatory installation of a drunk driving prevention device will also follow.

In this case, it is advisable to request a reduction of sentence from the court by presenting sentencing materials showing your firm resolve not to drive under the influence, appealing for leniency on the ground that you have a family to support, and pointing out that, although it is within 10 years, you have no other criminal record.

Our firm has previously achieved outcomes such as a suspended sentence and a small fine in second-time drunk driving cases, and even a non-referral decision in a case with a third prior offense.

In this regard, if you wish to defend against punishment for second-time drunk driving, we invite you to consult with our firm, which offers consultations 24 hours a day, 365 days a year.

Background

Daeryun's Key Strengths

Daeryun's exclusive AI · IT
litigation strategies
Over 240
key members
1,200+ cases
handled monthly

* January 2026 Bar Association Transit Permit Issuance Criteria

*Complies with Korean Bar Association Advertising Regulations Article 4 Paragraph 1

Drunk Driving and Traffic Accidents Attorney
Legal consultation booking

All consultations are conducted by specialized lawyers after reviewing the case. It is carried out on a reservation basis to ensure a professional process.We encourage you to make an early reservation for consultation, and request adherence to the scheduled time. We will do our best to provide a satisfying consultation.

Phone
consultation 1800-7905

Available 24/7, 365 days
for consultation requests

Phone booking

KakaoTalk
consultation

KakaoTalk channel

Daeryun Law Firm Attorneys

KakaoTalk booking

Online
consultation

We provide tailored
legal services.

Online booking
Quick Menu

KakaoTalk