Legal Intellectual

Tired of unprofessional or promotional legal answers?
Daeryun specialist lawyers will answer your questions.

Q

I have a question about the punishment for second-time drunk driving following the unconstitutionality ruling on the Yun Chang-ho Act.

Legal IntellectualViews53,557

I am asking because there is talk that the two-strikes system of the Yun Chang-ho Act is unconstitutional. Following the unconstitutionality decision on the Yun Chang-ho Act, which imposed aggravated punishment when a person who refused a breathalyzer test again refuses a breathalyzer test or drives under the influence, has the punishment standard for second-time drunk driving changed? I am a repeat offender, but my blood alcohol concentration level of 0.04% is not that high. My first offense was three years ago, so I am a little anxious, but what will the punishment standard be?

Second-time drunk driving

Yun Chang-ho Act

Repeat drunk driving

A

Answer to Related Inquiry

In 2022, the provision of the so-called ‘Yun Chang-ho Act’ imposing aggravated punishment for a second or subsequent instance of drunk driving (the two-strikes system) was ruled unconstitutional.

​

As a result, courts have changed to determine punishment on a case-by-case basis, and for those previously punished under the Yun Chang-ho Act, the possibility of requesting a retrial or of mitigation may arise.

​

However, this does not apply in every case, and the unconstitutionality decision is not automatically applied retroactively to administrative dispositions (license revocation or suspension).

​

In your case, it appears to be a second-time drunk driving situation corresponding to the license suspension range (0.03 to 0.08%).

In particular, when a person has driven under the influence within 10 years, even at 0.04%, they are punished by imprisonment for at least 1 year and up to 5 years, or a fine of at least 5 million won and up to 20 million won.

In accordance with the mandatory ignition interlock device for repeat drunk driving offenders, which took effect in October 2024, it appears that dispositions such as the mandatory installation of a drunk driving prevention device will also follow.

In this case, it is advisable to request a reduction of sentence from the court by presenting sentencing materials showing your firm resolve not to drive under the influence, appealing for leniency on the ground that you have a family to support, and pointing out that, although it is within 10 years, you have no other criminal record.

Our firm has previously achieved outcomes such as a suspended sentence and a small fine in second-time drunk driving cases, and even a non-referral decision in a case with a third prior offense.

In this regard, if you wish to defend against punishment for second-time drunk driving, we invite you to consult with our firm, which offers consultations 24 hours a day, 365 days a year.

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney Nakhyeong Kim

Nakhyeong Kim

T. 070-7510-1820

Experience as Chief Judge of Daegu District Court and Judge of Busan High Court

Attorney SangSu JO

SangSu JO

T. 070-5117-3709

Experience as Chief Prosecutor of the 5th Criminal Division of the Seoul Central District Prosecutors' Office and Deputy Chief Prosecutor of the Suncheon Branch of the Gwangju Prosecutors' Office

Attorney InWon KIM

InWon KIM

T. 070-7510-1044

Experience as Chief Prosecutor of the Criminal Division of the Hongseong Branch of the Daejeon District Prosecutors' Office and Chief Prosecutor of the Criminal Department of the Seoul Northern District Prosecutors' Office

Attorney JinWon KIM

JinWon KIM

T. 070-7510-1046

Seoul Northern District Prosecutors' Office Chief Prosecutor, Busan High Prosecutors' Office Experience

Attorney JaeBong JEONG

JaeBong JEONG

T. 070-7510-1820

Experience as chief prosecutor at Uijeongbu District Prosecutors’ Office and chief prosecutor at Busan District Prosecutors’ Office

Key Case Studies

View more

Related Practice Areas

View more

Consult in other languages

Popular Columns

View more
Quick Menu

Chat