I have a question about the punishment for second-time drunk driving following the unconstitutionality ruling on the Yun Chang-ho Act.

In 2022, the provision of the so-called ‘Yun Chang-ho Act’ imposing aggravated punishment for a second or subsequent instance of drunk driving (the two-strikes system) was ruled unconstitutional.

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As a result, courts have changed to determine punishment on a case-by-case basis, and for those previously punished under the Yun Chang-ho Act, the possibility of requesting a retrial or of mitigation may arise.

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However, this does not apply in every case, and the unconstitutionality decision is not automatically applied retroactively to administrative dispositions (license revocation or suspension).

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In your case, it appears to be a second-time drunk driving situation corresponding to the license suspension range (0.03 to 0.08%).

In particular, when a person has driven under the influence within 10 years, even at 0.04%, they are punished by imprisonment for at least 1 year and up to 5 years, or a fine of at least 5 million won and up to 20 million won.

In accordance with the mandatory ignition interlock device for repeat drunk driving offenders, which took effect in October 2024, it appears that dispositions such as the mandatory installation of a drunk driving prevention device will also follow.

In this case, it is advisable to request a reduction of sentence from the court by presenting sentencing materials showing your firm resolve not to drive under the influence, appealing for leniency on the ground that you have a family to support, and pointing out that, although it is within 10 years, you have no other criminal record.

Our firm has previously achieved outcomes such as a suspended sentence and a small fine in second-time drunk driving cases, and even a non-referral decision in a case with a third prior offense.

In this regard, if you wish to defend against punishment for second-time drunk driving, we invite you to consult with our firm, which offers consultations 24 hours a day, 365 days a year.