Deals & Cases
Punishment for Driving Under the Influence Without a License | Defending a Client Who Drove Under the Influence Without a License Against an Imprisonment Sentence, and What Is the Level of Punishment for Driving Under the Influence Without a License?
An attorney analyzed and defended the case of a client who faced punishment for driving under the influence without a license, and defended the client against an imprisonment sentence.
1. A Client Facing Punishment for Driving Under the Influence Without a License
This is the account of a client who sought an attorney's assistance while facing punishment for driving under the influence without a license.
The client had been punished for drunk driving 2 years earlier, had his license revoked, and was therefore without a license.
On the day of the incident, the client explained that he had a serious argument with his girlfriend, whom he was planning to marry, and ended up drinking with friends.
After leaving the bar, the client could not overcome his drowsiness and briefly slept in his own car.
About 3 hours later, as he was about to call a designated driver, he fell into the mistaken belief that the effects of the alcohol had worn off and that there would be no problem if he drove carefully, and so he drove.
In the course of this, he arrived near his home, and his tires slipped and he crashed into a streetlight, causing an accident.
A police officer who had been dispatched then requested a breath test, and the result measured a blood alcohol concentration of 0.14%, leading to this case and placing the client at risk of punishment for driving under the influence without a license.
2. The Charges Against the Client Facing Punishment for Driving Under the Influence Without a License

The client facing punishment for driving under the influence without a license was charged with driving without a license and drunk driving. Driving under the influence without a license is strictly prohibited under the Road Traffic Act.
Road Traffic Act Article 43 (Prohibition of Driving Without a License, etc.)
Road Traffic Act Article 44 (Prohibition of Driving While Intoxicated)
④ The standard for the intoxicated state in which driving is prohibited under paragraph 1 shall be a driver's blood alcohol concentration of 0.03 percent or higher.
Level of Punishment
The client facing punishment for unlicensed 🔗drunk driving could be subject to the following levels of punishment.
Road Traffic Act Article 148-2 (Penalty Provisions)
3. A person who violates Article 44 (1) and whose blood alcohol concentration is 0.03 percent or higher but less than 0.2 percent shall be punished by imprisonment for not less than 1 year and not more than 5 years, or by a fine of not less than 5 million won and not more than 20 million won.
Road Traffic Act Article 152 (Penalty Provisions)
1. A person who, in violation of Article 43, drives a motor vehicle without having obtained a driver's license under Article 80, an international driver's permit under Article 96, or a mutually recognized foreign license
3. The Defense of the Client Facing Punishment for Driving Under the Influence Without a License
For the client facing punishment for driving under the influence without a license, the attorney mounted a defense as follows.
The Drunk Driving Attorney's First Argument | “The Client Shows Remorse for the Offense in This Case”
For the client facing punishment for driving under the influence without a license, the attorney emphasized that the client showed remorse.
The client realized that drunk driving can cause harm to many people and showed sincere remorse.
The client resolved never to drive drunk again and disposed of his vehicle.
The Drunk Driving Attorney's Second Argument | “Acquaintances Are Petitioning for Leniency”
For the client facing punishment for driving under the influence without a license, the attorney emphasized that the client's acquaintances were petitioning for leniency.
The client's acquaintances emphasized that the client had lived diligently and earnestly requested leniency on this one occasion.
4. The Judgment for the Client Facing Punishment for Driving Under the Influence Without a License
For the client facing punishment for driving under the influence without a license, the court issued a judgment of a suspended sentence.
The client had been in a situation where heavy punishment was expected for driving without a license and drunk driving, but with the attorney's assistance he was able to avoid that punishment.
If you are in a situation similar to that of the client in this case, we recommend obtaining a 🔗attorney referral and requesting a prompt response.

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
Driving Without a License, Drunk Driving (DUI): Want a faster, more detailed consultation?
Consult aspecialized attorney
Related Information
Explore legal information related to this case.
Penalty Points for a Fatal Accident: Disposition Standards a Traffic Accident Offender Should Confirm
A Vehicle-to-Pedestrian Accident: A Guide to Responding When Determining the Level of Punishment and Calculating the Settlement Amount
Sentencing Guidelines for Drunk Driving: Can Sentencing Materials Make a Reduction of Punishment for Drunk Driving Possible?
Daeryun's Key Strengths

Litigation strategy using Daeryun's own AI & IT technology
More than 240 key members
1,200+ cases handled per month
* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)
more strengths
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


Online consultation
We provide tailored
legal services for our clients.

Chat consultation
KakaoTalk channel
Daeryun Law LLC Attorneys
Related Members
View more
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
Key Case Studies
View more- Suspended sentence
A Chuncheon Criminal Law Specialist Attorney Obtained a Suspended Sentence for Driving Under the Influence Without a License

- Suspended sentence
A Suseong-gu Criminal Specialist Attorney Successfully Defended a Repeat Drunk Driving Offense, Obtaining a Suspended Sentence
![[Defense Case Study of a Suseong-gu Criminal Specialist Attorney] A Suseong-gu Criminal Specialist Attorney Successfully Defended a Repeat Drunk Driving Offense, Obtaining a Suspended Sentence link](/_next/image?url=%2Fimages%2Fseo_v2%2Fcircle_arrow.webp&w=48&q=75)
- Suspended Sentence
Defending a Client Charged With Driving Under the Influence Without a License and Successfully Avoiding Imprisonment

Related Practice Areas
View moreConsult in other languages
Popular Columns
View moreSentencing for Drunk Driving: the Severity of Punishment by Blood Alcohol Concentration and the Mandatory Ignition Interlock Device

The Twelve Categories of Gross-Negligence Traffic Accidents (twelve serious traffic-law violations under the Act on Special Cases concerning the Settlement of Traffic Accidents): From Insurance Compensation Rules to the Standards for Fines and Actual Custodial Sentences in Car Accidents

A Complete Guide to Methods for Calculating Fault Ratios in Automobile Accidents and Dispute Resolution Approaches

Examining the Strengthened Punishment Standards for Hit-and-Run and First-Offense Cases

Examining the Penalties for Property-Damage Hit-and-Run and How to Reach a Settlement

Previous
Incheon Law Office | Non-Prosecution Disposition for a Special Assault Client With the Assistance of the Incheon Law Office
Next
Changwon Law Firm's Assistance | Changwon Law Firm Obtains Dismissal of the Plaintiff's Claim for Damages
View listDo you have more questions?

















