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Q
If I apply for drunk driving relief, is the sentence unconditionally reduced?
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A few days ago, I was caught in a drunk driving check, my license was revoked, and a fine was also imposed..... Everyone says that 'applying for drunk driving relief improves things somewhat,' but can I too receive a reduced sentence unconditionally? There was no accident, and it is my first drunk driving offense. I am curious about whether applying for drunk driving relief definitely has an effect.
drunk driving relief
Answer to Related Inquiry
Author: 박동일
The drunk driving relief you mentioned refers to a response strategy aimed at objecting to an administrative disposition and reducing criminal punishment.
However, an application for drunk driving relief does not unconditionally lead to a reduced sentence.
First, in terms of relief from an administrative disposition, if you receive a disposition revoking or suspending your driver's license, you may file an objection within 60 days under Article 94 of the Road Traffic Act, and you may also file for an administrative appeal within 90 days under the Administrative Appeals Act.
However, the actual success or failure of relief is judged based on complex circumstances, such as the timing of the application, the blood alcohol concentration level, whether there was an accident, and the connection to one's livelihood.
For example, even for a first time drunk driving offense, if the level was 0.08% or higher or there was an accident, relief is difficult based solely on the reason that 'it was just once, so please be lenient.'
On the other hand, if the alcohol level was low and there are circumstances in which driving is essential for one's livelihood, the possibility of a reduced sentence can be increased by organizing sentencing factors and submitting a petition or a statement of opinion.
In addition, with regard to criminal punishment, because drunk driving is regarded not only as a violation of the Road Traffic Act but also as an act that harms public safety, factors such as the possibility of reoffending, whether there is remorse, and petitions from those around the offender play an important role.
Therefore, rather than viewing drunk driving relief as an unconditional tool for a reduced sentence, you should establish a response strategy tailored to the specific case with the assistance of an expert.
For drunk driving relief, the key is what content was used to explain the case rather than the fact that an application was 'filed.'
In a case like yours, where there was no accident and it is a first offense, if the blood alcohol concentration level and livelihood circumstances are systematically explained, the possibility of drunk driving relief can reasonably be expected.
However, because the result may vary depending on the persuasiveness of the submitted materials, strategic preparation is necessary.
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Kuk Il KIM
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Experience as chief prosecutor of Seoul Central District Prosecutors' Office and head of Goyang Branch of Uijeongbu District Prosecutors' Office
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