CONTENTS
- 1. The Client Who Requested a Drunk Driving Attorney Consultation

- - Detailed Background of the Case
- 2. Case Information Provided in the Drunk Driving Attorney Consultation

- 3. Assistance Through the Drunk Driving Attorney Consultation

- - Short Driving Distance
- - The Client's Deep Remorse
- - A Punishment History from the Distant Past
- 4. Outcome of the Drunk Driving Attorney Consultation Assistance: “Suspended Sentence”

- - If You Have Committed Drunk Driving
1. The Client Who Requested a Drunk Driving Attorney Consultation

The client who requested a drunk driving attorney consultation was in a situation of having committed drunk driving and being caught by the police after having had his license revoked 20 years earlier and not reacquiring a driver's license.
Facing the risk of criminal punishment, the client requested a drunk driving consultation in order to avoid an actual custodial sentence if possible, and sought legal help.
Detailed Background of the Case
The client had had his license revoked 20 years earlier and, resolving never to take the wheel again, had not re-obtained a license.
On the day of the incident, however, while dining with relatives he had not seen in a long time, he drank about half a bottle of makgeolli.
As they talked, the snacks ran out, but as it happened no one present was able to drive, and the only store was about 1 km away.
The client made a momentary, complacent judgment that it was a short distance and that he had barely had anything to drink, so he took the wheel and drove to the store.
In the store parking lot, he was caught drunk driving by police who had been dispatched on someone's report and was investigated, and the matter led to a criminal lawsuit, leaving him facing punishment.
Seeking to avoid an actual custodial sentence if at all possible, he requested a drunk driving consultation from a drunk driving attorney and sought help.
2. Case Information Provided in the Drunk Driving Attorney Consultation
If a person commits driving under the influence without a license, as in the client's case, it is classified as a crime under the Road Traffic Act and is punished.
If a person commits simple driving without a license, even if no traffic accident is caused, that person is punished under Article 152 of the Road Traffic Act.
Level of punishment when driving without a license is detected
In addition, if a person is caught drunk driving, that person may be punished under Article 148-2 of the Road Traffic Act.
Level of punishment when drunk driving is detected
| Blood alcohol concentration | Sentence |
| 0.03% or more but less than 0.08% | Imprisonment for up to one year or a fine of up to 5 million won |
| 0.08% or more but less than 0.2% | Imprisonment for one to two years or a fine of 5 million to 10 million won |
| 0.2% or more | Imprisonment for one to five years or a fine of 10 million to 20 million won |
In particular, as in the client's case, if a person is caught having committed both driving without a license and drunk driving, the punishment may be aggravated, so greater caution is needed.
In addition, if a person causes an accident while driving under the influence without a license, it falls under one of the 12 categories of gross negligence, so criminal punishment may be imposed even if a settlement with the victim has been reached.
When a person becomes involved in a traffic offense in this way, the punishment can vary depending on the charge and the degree of harm, so rather than judging alone, it is advisable to seek advice from an attorney with expertise.
3. Assistance Through the Drunk Driving Attorney Consultation

The drunk driving attorney consultation attorney, after carefully ascertaining the circumstances at the time of the client's case, presented arguments to prevent an unfairly excessive punishment from being imposed.
Short Driving Distance
The drunk driving attorney emphasized that the client had driven a very short distance to go to a nearby supermarket, and that the road was usually a place with very little foot traffic.
In particular, the attorney argued that, although the client had committed a serious wrong, the risk of an accident occurring was very low.
The Client's Deep Remorse
Although the client had made an irreversible mistake, he was sincerely reflecting on the fact that he had broken his resolution never to drive again and had committed this offense.
The drunk driving attorney submitted to the court a handwritten letter of remorse prepared by the client and argued that it should be taken into account in sentencing.
A Punishment History from the Distant Past
The client's license had been revoked, but that disposition had been received 20 years earlier, and in the intervening time the client had not committed a single driving-related violation.
The drunk driving attorney acknowledged the client's offense but argued that the court should take into account that the client had lived in compliance with the law for a long period.
4. Outcome of the Drunk Driving Attorney Consultation Assistance: “Suspended Sentence”
The court accepted the arguments of the attorney from the drunk driving attorney consultation, sentenced the client to a suspended sentence, and the defense against punishment succeeded.
If You Have Committed Drunk Driving
As in the client’s situation, if you have committed driving under the influence without a license, caution is needed, because the judgment may vary depending on the circumstances of the case, whether harm occurred, the degree of remorse, and the like.
Judging this alone and simply denying the charge can instead lead to an unfavorable result, so caution is needed.
At the Daeryun Law Firm, based on extensive experience with drunk driving traffic accident cases, legal solutions tailored to the client’s situation are provided.
If you are involved in a similar issue, please consider obtaining assistance through a 🔗drunk driving attorney legal consultation booking.
Daeryun (based on 2025 value-added tax filings reported to the National Tax Service) helps resolve cases through the systematic strategy of legal experts across multiple fields.
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