I have questions about the punishment for second DUI following the unconstitutionality of the Yoon Chang-ho law.

In 2022, the so-called ‘Yoon Chang-ho law’ aggravated punishment provision for second or more DUI (two-out system) was ruled unconstitutional.

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As a result, the court has been changed to judge punishment according to individual cases, and those who have been punished by the application of the Yoon Chang-ho law in the past may have the possibility of requesting retrial or sentence reduction.

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However, it does not apply in all cases, and the unconstitutionality decision does not automatically retroactively apply to administrative dispositions (license revocation, suspension).

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In your case, you appear to be in a second DUI situation that corresponds to the license suspension level (0.03-0.08%).

In particular, if you committed DUI within 10 years, even at 0.04%, you can be punished with imprisonment of 1 to 5 years or a fine of 5 million to 20 million won.

According to the mandatory installation of ignition interlock devices for DUI repeat offenders that took effect in October 2024, you may also receive dispositions such as mandatory attachment of DUI prevention devices.

In this case, it is good to request the court for sentence reduction by presenting sentencing materials showing your firm resolution not to drive under the influence again, appealing for leniency by mentioning family members to support, no other prior offenses despite being within 10 years, etc.

Our firm has achieved results such as suspended sentence, small fine sentence, and even non-transfer for second DUI cases, and even non-transfer for those with a third offense history.

If you wish to defend against second DUI punishment, please consult our firm which is available for consultation 24 hours a day, 365 days a year.