‘Never twice’ Drunk driving requires help from a professional lawyer to prevent recidivism

Social awareness of drunk driving has changed significantly since the enactment of the ‘Yoon Chang-ho Act’ in 2018. As public anger was reflected at the time of enactment, the level of punishment for drunk driving was strengthened, and drunk driving became a serious crime. However, it is still not well known which legal provisions are actually applied and how. In particular, many people misunderstand that the ‘three strikes and out’ method is still maintained in terms of punishment standards.

The current Road Traffic Act has significantly increased the level of punishment for drivers who are caught drunk driving more than twice within 10 years. The basis for the strengthened punishment can be found in Article 148-2 of the Road Traffic Act. According to this provision, if a person violates the law again within 10 years from the date of being sentenced to a fine or higher for drunk driving, he or she may be subject to imprisonment for 2 to 6 years or a fine of 10 million to 30 million won based on a blood alcohol concentration of 0.2% or more.

A real-life example clearly illustrates this point. Mr. A has been fined four times in the past for drunk driving, and has recently taken measures to prevent drunk driving, such as hiring a dedicated driver. But one day, a problem arose during a drinking party. After finishing the first drinking party, a designated driver took the driver to the next location, but he was unable to contact the designated driver for nearly an hour to return home from the second drinking party, and in the end, Mr. A took the wheel again.

The key to the case was how to prove that Mr. A did not intend to drive drunk from the beginning. Therefore, the lawyer in charge submitted objective data, such as the details of calling the substitute driver on the day of the incident and the vehicle location record, and also emphasized that the possibility of reoffending was low and social ties were strong through the diary of abstinence from drinking written after the incident, history of alcohol treatment counseling, and data on family support responsibility.

As a result, the court pointed out in the ruling that “the defendant has a history of being fined four times for drunk driving in the past, so his guilt is not light,” but also stated, “he confessed to the crime and showed an attitude of remorse, and comprehensively took into account his age, occupation, family situation, and the circumstances at the time of the incident.” Even in a situation where the possibility of imprisonment was high, Mr. A was able to receive a suspended sentence through explanation of specific facts and prepared strategy.

Attorney Kim Min-soo of Daeryun Law Firm advised, "For recidivist drunk driving offenders, the response at the initial investigation stage has a decisive influence. In particular, the level of punishment varies depending on whether the person can explain in detail the circumstances of the driving, the response after the fact, and the sincerity of reflection. If you respond without the legal assistance of a professional lawyer, it is dangerous as you may miss important facts or raise the risk of recidivism."

He added, "Especially in the case of repeat offenders, simply acknowledging the mistake is not enough. From the initial investigation stage, the driving circumstances must be clearly outlined, the individual's social and family circumstances must be explained in detail, and data that can prove the will to prevent repeat offenders must be systematically submitted."

[Global Epic CP Lee Soo-hwan / lsh@globalepic.co.kr]

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'Never twice' drunk driving, to prevent recidivism, you need to seek help from a professional lawyer (Shortcut)