Drunk Driving Fine Reduction Case | Argument of a Rising Blood Alcohol Phase, Fine Reduced by Half

The client had two prior drunk driving convictions, but he had since lived diligently for nearly 20 years without reoffending.

On the day of the incident, after a gathering with acquaintances involving alcohol, he requested a designated driver, but the assignment of a driver was delayed, so he unavoidably drove a short distance himself.

However, a minor collision occurred while he was driving, and a breath test was conducted when the police arrived.

During this process, the breath test result showed a reading exceeding 0.2%, and a subsequent blood test produced an even higher reading.

Taking the higher blood test result as its basis, the prosecution proceeded with a summary indictment, and the court accordingly issued a summary order imposing a fine of KRW 20 million, the highest level.

Greatly shocked by the unexpectedly high fine, the client requested the assistance of an attorney handling drunk driving cases.

To seek a reduction of the drunk driving fine, the attorney handling drunk driving cases first identified the key issues of the case.

The most important issue in this case was the applicable range of the blood alcohol concentration.

On its face, the reading exceeded 0.2% and appeared to fall within the most severe punishment range, but there was a sufficient possibility that the actual blood alcohol concentration at the time driving ended was lower than this.

The Road Traffic Act prescribes the levels of punishment by blood alcohol concentration as follows.

Article 148-2 (3) of the Road Traffic Act

The central strategy in this case was to scientifically contest the reliability of the blood alcohol concentration measurement.

The attorney handling drunk driving cases filed a formal request for an examination with the National Forensic Service and secured various scientific data as follows.

In addition, by submitting a request for factual inquiry to the company that manufactured the measuring device, the attorney confirmed that the official margin of error of the device was ±5%, and established that there was no difference in accuracy depending on the blood alcohol concentration range.

On the basis of this scientific evidence, the attorney emphasized that the initial breath test result, conducted closest to the time driving ended, more accurately reflected the blood alcohol concentration at the actual time of driving.

In the end, the prosecution withdrew the blood test reading that it had originally taken as the basis for the indictment and applied to amend the indictment based on the lower initial reading, and the court accepted this, which became a turning point at which the very standard for judging the facts charged was changed.

The second important strategy in this case was to induce the application of a more lenient statutory punishment range, on the ground that the blood alcohol concentration reading may have differed from the level at the actual time of driving.

Presentation of the Legal Argument

The Supreme Court has already held that, where time has elapsed between the time driving ended and the time of measurement, the reading cannot be taken as the blood alcohol concentration at the time of driving without further consideration.

In particular, where the time of measurement is within 90 minutes after drinking, it is a matter of scientific and legal experience that the blood alcohol concentration is likely still rising, that is, in the “rising phase”.

Because a reading taken during the rising phase is necessarily higher than at the actual time of driving, the range can be reassessed on this basis with reference to the closest initial measurement result.

Application to the Client's Case

In this case as well, an interval of about 20 to 60 minutes existed between the time the client finished drinking, the time driving ended, and each respective time of measurement, and a meaningful difference was also confirmed between the initial measurement result and the final measurement result.

This is a typical case of the “rising phase,” in which the blood alcohol concentration increased over time, and it supports the view that the reading at the actual time of driving was likely lower than the final measurement.

In addition, reflecting the position of the Supreme Court that a scientific analysis must take into account individual factors such as the defendant's amount of alcohol consumed, drinking pace, constitution, and degree of physical activity, rather than applying a simple calculation or an average value, the attorney attempted a scientific reinterpretation of the readings based on objective expert examination data and legal reasoning.

The Thrust of the Argument

Through these efforts to establish the facts, both the prosecution and the court came to accept the possibility of applying a lower blood alcohol concentration range.

As a result, a sentencing range one level lower than the most severe punishment range was applied.

Beyond simply disputing the readings, the attorney handling drunk driving cases also actively highlighted the client's sincere remorse and his efforts to prevent reoffending.

After the incident, the client returned his vehicle to his company and firmly committed to using designated driver services, and he voluntarily prepared a pledge to abstain from drunk driving and a pledge to comply with the law.

The attorney also emphasized, on multiple fronts, that the likelihood of reoffending was low, citing family counseling, a base of social support, and letters of appeal from workplace colleagues.

Furthermore, the attorney argued that, given that the prior drunk driving convictions were matters from nearly 20 years in the past, it was unreasonable to treat them as grounds for aggravated punishment for reoffending.

A drunk driving case can extend beyond simple criminal punishment to license suspension, settlement with the victim, and civil liability for damages.

Daeryun Law Firm understands the psychological burden on its clients and provides the following strategic responses.

If you are facing a similar situation, 🔗Schedule a Legal Consultation to entrust your case to us.