Suspended sentence
Second DUI with a personal-injury crash: still a suspended sentence
Act on Special Cases concerning Traffic Accidents(causing injury), Road Traffic Act(DUI)
Counsel on this file
Kim Chanho
Ahn Jehong
Hwang Geunju
Case summary
This file is indexed as “Second DUI with a personal-injury crash: still a suspended sentence”. It was classified as Act on Special Cases concerning Traffic Accidents(causing injury), Road Traffic Act(DUI). The recorded outcome is Suspended sentence.
Statutes and legal standards
Drunk driving is charged under the Road Traffic Act from a 0.03% criminal threshold. Injury while intoxicated and leaving the scene can add the Aggravated Punishment of Specific Crimes Act. License suspension runs on a separate administrative clock and does not wait for the criminal judgment.
Issues and LAWL’s work
The live fights are the drinking-to-test timeline, prior DUI counts, accident facts and whether the license track is already moving. Harm repair, if there are injured parties, has to be documented rather than promised. This file was classified as Act on Special Cases concerning Traffic Accidents(causing injury), Road Traffic Act(DUI), with the outcome Suspended sentence.
Result of LAWL’s work
The indexed outcome is Suspended sentence. Sentencing and charging exits turn on early evidence, harm repair where it applies, and a record the court can use — not a speech about remorse.
Practice notes
Plot last drink, observation period and test gap before talking about remorse. Repeat DUI and unlicensed driving change the range. If there is an injury file, documented recovery of harm is usually the difference between a speech and a record the court can use.
References
Korean statutes: Korea Law Information Center (law.go.kr).
Plain-language guides: Ministry of Government Legislation easy-law service (easylaw.go.kr).
Court procedure: Supreme Court of Korea (scourt.go.kr).
Sentencing: Supreme Court Sentencing Commission (sc.scourt.go.kr).
Confirm amendments on those sites; this page is a practice note, not an official translation of the Korean case file.
Plain-language guides: Ministry of Government Legislation easy-law service (easylaw.go.kr).
Court procedure: Supreme Court of Korea (scourt.go.kr).
Sentencing: Supreme Court Sentencing Commission (sc.scourt.go.kr).
Confirm amendments on those sites; this page is a practice note, not an official translation of the Korean case file.
Before you call
Does a first-offense DUI always end in a fine?
No. Blood-alcohol level, distance driven, injury and priors move the range. Injury while intoxicated can be charged as a felony-range count even on a first file.
If I settle with injured drivers, is the criminal case over?
Settlement does not erase the count. It can matter for sentencing. Documented payment and medical records have to be in the file, not described later as a promise.