Legal Q&A

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

I am asking because there is talk that the two-strikes system of the Yun Chang-ho Act is unconstitutional. Following the unconstitutionality decision on the Yun Chang-ho Act, which imposed aggravated punishment when a person who refused a breathalyzer test again refuses a breathalyzer test or drives under the influence, has the punishment standard for second-time drunk driving changed? I am a repeat offender, but my blood alcohol concentration level of 0.04% is not that high. My first offense was three years ago, so I am a little anxious, but what will the punishment standard be?

Pension reduction upon dishonorable discharge... If I am discharged now, can I prevent it?

I am currently serving in the military, and because I have become involved in a criminal case during my service, I am worried about a dishonorable discharge. If I am discharged, can I avoid a pension reduction or the loss of my entitlement? I heard from an acquaintance that there are cases where discharge is restricted. In such a case, what should I do to minimize the disadvantages? I would appreciate a detailed answer.

If a soldier commits a crime, do they always face a military trial?

If a soldier commits a crime, do they always face a military trial? I would like to know on what basis military courts and ordinary courts divide cases. For example, if a soldier commits a sexual crime, would the trial be held in a military court... or would it be held in an ordinary court? I would like to know.

Are there many cases where a drunk driving appeal results in a reduced sentence?

I wonder whether there are many cases in which a drunk driving appeal results in a reduced sentence. My son committed drunk driving, and he had been trusting and following only the words of a court-appointed attorney who seemed dependable and reliable, but he received a judgment entirely different from what we expected, and an appeal has been filed. I intend to retain a private attorney, and as things stand, my child is about to serve a prison term with no way out. I am looking for someone to help with the drunk driving appeal.

What punishment do I face if I refuse a breathalyzer test?

After a company dinner, I mistakenly drove under the influence and was caught in an enforcement check. I had been drinking, and because I was in a panic, fearing that the punishment would be heavier if the measurement came out high, I refused the breathalyzer test for the moment and behaved unruly. I now know it was the wrong choice, but as the police investigation approaches, I am afraid. What punishment does refusal of a breathalyzer test carry? How should I respond? I would also like to know whether refusing a breathalyzer test constitutes obstruction of official duties.

Do school zone traffic accidents and child protection zone traffic accidents unconditionally go to criminal trial?

While driving through a child protection zone, I was unable to avoid a child who suddenly darted out and collided with them, causing an accident. After contacting the parents of the child injured in the school zone traffic accident and checking on the child's condition, I was told the diagnosis was about five weeks of recovery. If a child protection zone traffic accident occurs, will one be unconditionally punished even after reaching a settlement? What is the punishment for an accident in a school zone?

What punishment applies in the case of failure to take measures after an accident, where a person flees after a traffic accident?

A minor contact accident occurred at an alley intersection. While I was flustered, soothing my child in the back seat, the other party's motorcycle fled without leaving any contact information. In such a case, would this constitute failure to take measures after an accident, allowing for legal action? The other vehicle's license plate was captured on my dashcam, so I was able to identify it, and I have already filed a police report. I am curious about exactly what punishment the other party, who so shamelessly left the scene after causing a traffic accident, will receive.

Does the Military Criminal Act also apply to civilians?

I am curious whether the Military Criminal Act also applies to civilians. I thought it was a law that applied only to military personnel, but I think I have heard that certain crimes also apply to civilians. Also, if a former soldier committed a crime in the military but has since been discharged, are they punished under the ordinary Criminal Act? I am curious, so please reply!

I would like to ask a corporate bankruptcy attorney a question.

I would like to ask a corporate bankruptcy attorney a question. Things have been rather difficult lately, and it seems there is no answer other than bankruptcy. So I have been looking into corporate bankruptcy, and I am curious about things such as the timeframe and the costs. Also, how should I file the application? I suppose I should get help from an attorney who has handled many corporate bankruptcies, right?