CONTENTS
- 1. The Client Who Sought Assistance on a Charge of Violation of the Road Traffic Act
- - The Client Facing Drunk Driving Penalties
- 2. Penalties for Drunk Driving Examined Through Violation of the Road Traffic Act
- - What Are the Penalties for Drunk Driving?
- - Drunk Driving Penalties: What About Reoffending?
- 3. Case Response Strategy for Violation of the Road Traffic Act
- - Drunk Driving Penalty Defense Assistance ① Submitting a Letter of Remorse
- - Drunk Driving Penalty Defense Assistance ② Efforts Toward Improvement
- 4. Result of the Assistance for Violation of the Road Traffic Act: “Suspended Sentence”
- - If You Need Assistance with Drunk Driving Penalties
1. The Client Who Sought Assistance on a Charge of Violation of the Road Traffic Act
This is a case in which the client who came to us for a violation of the Road Traffic Act was at risk of being punished on charges of violating the Road Traffic Act, but obtained a suspended sentence through the systematic assistance of a specialist attorney.
The Client Facing Drunk Driving Penalties
The detailed account of the client, who came regarding a suspicion of violation of the Road Traffic Act, is as follows.
After drinking at a dinner gathering with an acquaintance, the client took the wheel himself, judging that the distance home was short.
While operating the vehicle, the client was caught in a police drunk driving crackdown, and the fact of drunk driving was detected; the measured blood alcohol concentration was 0.03% or higher.
The client, who also had a prior record of punishment for drunk driving, faced the risk of severe punishment due to this repeat offense.
The client therefore visited Daeryun to defend against 🔗drunk driving punishment with the assistance of a specialized attorney who had handled numerous drunk driving cases.
2. Penalties for Drunk Driving Examined Through Violation of the Road Traffic Act
The client, who was booked for violation of the Road Traffic Act, visited Daeryun, which has handled numerous drunk driving cases, in order to succeed in defending against drunk driving punishment.
The criminal attorney closely reviewed the client's case and examined in detail the sentencing range for drunk driving.
What Are the Penalties for Drunk Driving?
The Road Traffic Act clearly prohibits the act of driving while intoxicated.
If a person commits drunk driving, the level of punishment varies according to the blood alcohol concentration.
▶ Sentencing Range
Blood alcohol concentration | Sentencing range |
0.2 percent or more | Imprisonment for not less than 2 years and not more than 5 years, or a fine of not less than 10 million won and not more than 20 million won |
0.08 percent or more and less than 0.2 percent | Imprisonment for not less than 1 year and not more than 2 years, or a fine of not less than 5 million won and not more than 10 million won |
0.03 percent or more and less than 0.08 percent | Imprisonment for not more than 1 year, or a fine of not more than 5 million won |
Drunk Driving Penalties: What About Reoffending?
When a person commits a repeat offense within 10 years after a sentence of a fine or heavier for drunk driving has become final, the person is treated as a habitual drunk driver and is subject to more severe punishment.
▶ Sentencing range
Blood alcohol concentration | Sentencing range |
Blood alcohol concentration of 0.2% or higher | Imprisonment of 2 to 6 years or a fine of 10 million to 30 million won |
Blood alcohol concentration of 0.03% to less than 0.2% | Imprisonment of 1 to 5 years or a fine of 5 million to 20 million won |
3. Case Response Strategy for Violation of the Road Traffic Act
The criminal attorney conducted a careful consultation with the client and established a tailored strategy.
To reduce the punishment as much as possible and obtain a suspended sentence decision from the court, the attorney asserted the following.
Drunk Driving Penalty Defense Assistance ① Submitting a Letter of Remorse
The client was reproaching themselves over their own foolish conduct and was sincerely remorseful.
Through this case, the client came to deeply reflect once again on their own wrongdoing, and was resolving at every moment never to drive under the influence again.
To firmly maintain this resolve, the client emphasized that they had been practicing abstinence from alcohol since this case.
Drunk Driving Penalty Defense Assistance ② Efforts Toward Improvement
The client is making efforts to prevent reoffending, such as preparing a pledge of abstinence, a pledge of compliance with the law, and a pledge to eradicate drunk driving, and receiving treatment for alcohol dependence.
In addition, the client plans to dispose of a vehicle registered in the client's own name in order to fundamentally eliminate the possibility of drunk driving.
In this way, it was emphasized that the client deeply reflects on the wrongdoing and is doing the utmost to improve, so the risk of reoffending is low.
4. Result of the Assistance for Violation of the Road Traffic Act: “Suspended Sentence”
The court, accepting the criminal defense attorney's arguments, ultimately imposed a "suspended sentence" in the client's case.
The client, who had been at risk of punishment on a charge of violation of the Road Traffic Act, was able to conclude the case with the desired outcome and expressed deep gratitude.
If You Need Assistance with Drunk Driving Penalties
Because drunk driving cases carry strict punishment and may lead to consequences such as license revocation and criminal punishment for the driver, it is important to respond promptly at the early stage of the case.
It is necessary to closely analyze the details of the case and establish a lawful defense strategy accordingly, together with a 🔗criminal attorney who has handled numerous drunk driving cases.
At Daeryun, criminal attorneys form teams with experts from various fields to analyze problems from multiple perspectives and present tailored solutions.
If you are facing difficulties because you are involved in a suspicion of violation of the Road Traffic Act, please request a consultation for your case through a 🔗legal consultation booking with Daeryun, Korea's 9th-ranked law firm (based on 2025 value-added tax filings with the National Tax Service).
Watch related video content
for this case study.
What are the points of writing a drunk driving reflection statement?
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
