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I am facing criminal punishment and disciplinary action for drunk driving by a public official.
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I am currently a public official, and recently I drank and drove, caused an accident, and was also caught in a drunk-driving crackdown, making it difficult to avoid criminal punishment. Even setting aside the criminal punishment, I heard that, as it constitutes grounds for disqualification of a public official, disciplinary action will be imposed. I am asking about the level of disciplinary action for drunk driving by a public official, in relation to public-official disciplinary action and grounds for disqualification of a public official.
Disciplinary action against a public official
Grounds for disqualification of a public official
Drunk driving by a public official
Answer to Related Inquiry
Author: 박동일
If a public official commits drunk driving and causes a traffic accident, disciplinary action may be imposed in addition to criminal punishment for a violation of the Road Traffic Act.
This is because drunk driving is regarded as conduct that greatly undermines the trust and responsibility of a public official.
If it is a first drunk-driving offense and your blood alcohol concentration was less than 0.08%, you may receive disciplinary action at the level of suspension from duty to a reduction in salary.
However, since you said you caused an accident, it appears there is personal and property damage, so in serious cases even dismissal, removal, or suspension from duty is possible.
Because the possibility of a heavy disciplinary action cannot be ruled out, you should attempt to obtain mitigation by submitting a letter of apology, a pledge to prevent recurrence, and a certificate of completion of drunk-driving prevention education, among others.
If the level of disciplinary action is judged to be excessive, you may also contest it through an appeal for review or administrative litigation.
In addition, the grounds for disqualification from appointment as a public official are prescribed in Article 33 of the State Public Officials Act.
① Where, after a judgment of a suspended sentence, 2 years have not passed since the end of the suspension period
② Where a person has been sentenced to an actual custodial sentence of imprisonment without labor or heavier, and 5 years have not passed from the day the execution was completed or exempted
③ Where a person, having been involved in a criminal case, was sentenced to a fine of 3 million won or more, and 2 years have not passed
For a clear assessment of whether it is a matter of disciplinary action for drunk driving by a public official or whether it constitutes grounds for disqualification, we recommend that you consult with an attorney specializing in criminal law.
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Nakhyeong Kim
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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
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