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Legal Intellectual

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Q

I was caught driving under the influence. Could I face a dishonorable discharge?

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Hello. I am a soldier currently serving in the Army. Recently, on the night before returning from leave, I had drinks with friends and, unavoidably, was caught while driving. My blood alcohol concentration was 0.09%, and I am waiting for the police investigation. I am very anxious right now. In a case like this, is there a possibility that I will receive a dishonorable discharge?

dishonorable discharge

A

Answer to Related Inquiry

Hello. This is a military criminal case attorney at the law firm Daeryun.


For a service member, driving under the influence can lead to criminal punishment as well as disadvantages in the military's internal disciplinary process.


A ‘dishonorable discharge’ is ordinarily imposed by decision of a disciplinary committee for serious criminal conduct, grave breaches of military discipline, or acts that damage honor.


However, factors such as service attitude, any prior criminal record, whether an accident occurred, whether there is a victim, and whether a written apology is submitted are reflected in the disciplinary decision.


Depending on the case, the discipline may be limited to a pay cut, suspension from duty, or a hold on discharge, so it does not necessarily lead to a dishonorable discharge.


Preparing a written apology and submitting petitions from people around you can be helpful.


If you wish to firmly defend against a dishonorable discharge, we recommend obtaining the assistance of a military criminal case attorney.

In addition, at this firm an attorney focusing on military matters and an attorney focusing on driving-under-the-influence cases work together to defend against DUI punishment, and an attorney focusing on administrative matters also assists with relief from license revocation.

If the blood alcohol concentration was 0.09%, for a first-time offender, under the Road Traffic Act, imprisonment of one year to two years or a fine of 5 million won to 10 million won may be imposed, and the driver's license may even be revoked.

Because relief measures can be prepared when you respond in a timely manner, you may consult an attorney about your situation.

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