I would like to know whether drunk driving is established.

Drunk driving (DUI) is established only when a person drives a vehicle or the like while under the influence of alcohol (a blood alcohol concentration of 0.03% or higher).

Even if a person has consumed alcohol, if the person did not 'drive,' then naturally drunk driving is not established. However, if the situation is deemed to constitute drunk driving as in this case, there is no choice but to contest it in the criminal proceedings by seeking a finding of no charge (insufficient suspicion) or an acquittal.

Even if a person receives a license suspension or license revocation disposition on the ground of drunk driving, if the person subsequently receives a disposition of no charge or acquittal with respect to that drunk driving, the license suspension or license revocation disposition is withdrawn.

Once a person has driven under the influence, whether caught during the drunk driving or detected after the drunk driving had ended through a report by another person, drunk driving is established regardless of the reason.

In particular, in a case such as yours where the blood alcohol concentration is 0.21%, you may be subject to imprisonment for not less than two years and not more than five years, or a fine of not less than 10 million won and not more than 20 million won.

Because the situation also exceeds the threshold for a state of intoxication, it appears that your driver's license will also be revoked.

In such a case, reasons such as not remembering or the fact that the drunk driving distance was short do not justify the drunk driving itself, so you should take note.

However, in a situation such as yours, there has been a ruling, as in the Supreme Court decision of April 23, 2004, Case No. 2004Do1109, that if the vehicle came to move by mistake without any intent to make it move, this does not amount to driving. Therefore, if the issue is well contested, it may be possible to seek a way to resolve the case.

If this is your first offense, you may wish to promptly retain an attorney specializing in drunk driving cases and to respond by establishing a defense strategy to prevent criminal punishment.