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What is the sentence for punishment for a second drunk-driving offense?
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Hello. I am facing punishment for a second drunk-driving offense. I drove drunk about five years ago and was caught again this year. I know I should not drive drunk, but I begrudged calling a designated driver, and before I knew it, I ended up driving drunk. I heard that a repeat drunk-driving offender is subject to aggravated punishment; is that true?
Punishment for a second drunk-driving offense
Answer to Related Inquiry
Author: 박동일
In the case of the sentence for a second drunk-driving offense, because it is a repeat drunk-driving offense, it may be subject to aggravated punishment.
According to the current Road Traffic Act, where the blood alcohol concentration is 0.03% or higher but less than 0.2%, imprisonment for not less than one year and not more than five years, or a fine of not less than 5 million won and not more than 20 million won, may be imposed.
If the blood alcohol concentration is 0.2% or higher, imprisonment for not less than two years and not more than six years, or a fine of not less than 10 million won and not more than 30 million won, may be imposed.
In addition, regardless of the blood alcohol concentration, if you are punished for a second drunk-driving offense, your driver's license may be revoked.
Therefore, if you are facing punishment for a second drunk-driving offense, because the likelihood of receiving an actual custodial sentence is high, it is advisable to seek legal assistance from a drunk-driving attorney and to prepare a systematic response in order to obtain a reduction of the sentence.
In particular, effectively explaining to the court the circumstances of the drunk driving, the reasons for the repeat offense, and your subsequent attitude of remorse can have an important effect on sentencing.
For details, we encourage you to confirm them through a consultation with a drunk-driving attorney.
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