Deals & Cases

Drunk driving (DUI)
Drunk driving (DUI)Suspended sentence

A case of assistance by a drunk driving specialist attorney | A client with repeat drunk driving, a suspended sentence

The client who came to the drunk driving specialist attorney requested assistance with the conduct of the case in order to obtain a suspended sentence in a situation where an actual custodial sentence was anticipated due to multiple prior punishments.

1. The client who came to the drunk driving specialist attorney

The client who came to the drunk driving specialist attorney had a record of having been punished several times in the past for drunk driving.

There was even a record of an actual custodial sentence of imprisonment having been imposed, and despite this, the client was indicted this time again on suspicion of having driven a considerable distance while intoxicated.

Suffering from anxiety that, because of the past actual custodial sentence, an actual custodial sentence might again be imposed this time, the client sought an attorney with extensive experience in drunk driving cases in order to avoid a heavy sentence, and entrusted the case to our firm.

Drunk driving specialist attorney repeat client imprisonment actual custodial sentence

2. The level of punishment explained by the drunk driving specialist attorney

The drunk driving specialist attorney will explain in detail the level of punishment for drunk driving.

If a person is caught for drunk driving, the person is subject to the following criminal punishment according to the blood alcohol concentration level.

Road Traffic Act, Article 148-2, Paragraph 3

Blood alcohol concentration

Level of punishment

0.03% or more but less than 0.08%

Imprisonment for not more than 1 year or a fine of not more than 5 million won

0.08% or more but less than 0.2%

Imprisonment for not less than 1 year but not more than 2 years, or a fine of not less than 5 million won but not more than 10 million won

0.2% or more

Imprisonment for not less than 2 years but not more than 5 years, or a fine of not less than 10 million won but not more than 20 million won

The level of punishment for a repeat offense

As in the client's case, a person who is sentenced to a punishment of a fine or heavier for drunk driving and, within 10 years from the date on which that sentence becomes final, again commits the same crime is subject to the following punishment.

Road Traffic Act, Article 148-2, Paragraph 1

Blood alcohol concentration

Level of punishment

0.03% or more but less than 0.2%

Imprisonment for not less than 1 year but not more than 5 years, or a fine of not less than 5 million won but not more than 20 million won

0.2% or more

Imprisonment for not less than 2 years but not more than 6 years, or a fine of not less than 10 million won but not more than 30 million won

3. The assistance and strategy of the drunk driving specialist attorney

Drunk driving specialist attorney repeat client matters of assistance

After closely reviewing the indictment, the drunk driving specialist attorney recognized that the risk of reoffending was high in that, in the past, the client had been sentenced for drunk driving to all of a fine, a suspended sentence, and an actual custodial sentence.


Thereafter, through the following strategy, the attorney actively provided assistance so that the client would not be subject to an actual custodial sentence of imprisonment.

Efforts to prevent reoffending

The attorney emphasized that, after the past actual custodial sentence, the client had refrained from drunk driving for several years, and that, in order to avoid reoffending, the client had moved the client's residence to near the workplace and lived there.


In addition, the attorney proved that, after the incident occurred, the client had voluntarily completed reoffending-prevention education and made efforts to change, so that the court could determine that the likelihood of future reoffending was low.

Emphasis on the support circumstances and the background of the incident

The attorney actively highlighted that the client is supporting an elderly mother in her 70s who is ill and living alone, and that, after a divorce, the client has been a head of household who has continuously raised a daughter alone.


In particular, the attorney explained that, on the day of the incident, which was Parents' Day, the client came to drive while returning home after having a drink during a meal with family, and that the blood alcohol concentration was also 0.045%, which is not a serious level.

Presentation of Favorable Mitigating Materials

A range of materials was submitted to the court, including the client's letter of reflection, a petition from the family, a certificate of completion of recidivism-prevention education, and a monthly rental lease agreement near the client's workplace.


Through these materials, it was demonstrated that the client was not merely expressing remorse in words but was in fact improving his living environment and preventing recidivism with a responsible attitude, which had a positive effect on sentencing.

4. A Suspended Sentence Obtained Through the Assistance of a Drunk Driving Specialist Attorney

Case of a suspended sentence obtained through the assistance of a drunk driving specialist attorney

After thoroughly reviewing the arguments and the materials submitted by the drunk driving specialist attorney, the court took into account the recidivism-prevention efforts shown by the client and the particular circumstances of the client's family relationships.

As a result, notwithstanding a prior record of an actual custodial sentence, the client once again received imprisonment with labor with a suspended sentence and was able to avoid detention.

In the end, the client was able to relieve considerable anxiety and return to daily life, and the judgment was confirmed as rendered without any appeal by the prosecutor.

If You Are Facing Punishment for Repeat Drunk Driving

Drunk driving (DUI) is an offense that courts treat with severity in light of the likelihood of recidivism and its social impact.

In particular, where there is a prior record, the likelihood of an actual custodial sentence is high, so it is more important than anything else to prove recidivism-prevention efforts and specific grounds for mitigation in sentencing.

At Daeryun Law Firm, we establish response strategies tailored to each client, based on our experience handling numerous drunk driving cases and our extensive practical know-how.

In addition, through collaboration with civil and administrative specialist attorneys, we have the scale to respond on a one-stop basis, from civil litigation arising from drunk driving harm to administrative litigation relating to driver's licenses.

If you are facing the risk of heavy punishment due to repeat drunk driving, 🔗Legal Consultation Reservation we invite you to entrust your case to us.

Check out video content
related to this case as well.

  1. How to respond when involved in a drunk driving incident

음주운전전문변호사

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.

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Attorney ChanWoo JEONG

ChanWoo JEONG

T. 070-5221-2387

Attorney specializing in drunk driving

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

Attorney Sung Dong PARK

Sung Dong PARK

T. 070-7510-2018

Experience as a senior prosecutor at the Seoul High Prosecutors' Office and a police officer at the Seoul Metropolitan Police Agency

Attorney BongHa SEO

BongHa SEO

T. 070-7510-1755

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

Attorney YooJin KIM

YooJin KIM

T. 070-7510-1755

Traffic accident lawyer

Attorney DongHoon KANG

DongHoon KANG

T. 070-5214-2362

Attorney specializing in drunk driving

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