If you need legal assistance regarding suspended sentences for DUI
▷ BAC between 0.03% and 0.08% ▷ BAC between 0.08% and 0.2% (first offense or more than 10 years since prior conviction) ▷ BAC of 0.2% or higher ▷ Repeat offense (within 10 years after a DUI conviction resulting in a fine or heavier punishment) BAC between 0.03% and 0.2%: BAC of 0.2% or higher: ▷ Refusal to take a breathalyzer test: Courts have been taking a stricter stance, particularly where a defendant reoffends within 10 years of a prior DUI conviction, and the rate of custodial sentences has increased. If personal injury or property damage is involved, the Act on the Aggravated Punishment of Specific Crimes may apply, leading to even harsher penalties. Whether there are prior DUI convictions and how many The BAC level Whether an accident occurred and the extent of damage Whether restitution and settlement have been made A sincere attitude of remorse Efforts to prevent reoffending (treatment, education programs) Social ties and livelihood circumstances Because courts comprehensively evaluate the circumstances of the offense, subsequent actions, and the likelihood of reoffending, it is crucial to systematically prepare materials tailored to the individual case. For example: Whether damages were fully compensated even if an accident occurred The time interval between prior offenses Whether the case involves simple intoxicated driving or dangerous driving How statements were made during the early investigation stage In particular, investigation-stage statements, evidence organization, and settlement progress play decisive roles in shaping the court’s perception. If early response is mishandled, the possibility of receiving a suspended sentence can decrease rapidly. Conversely, a precisely structured defense strategy may create room to avoid imprisonment. First, we objectively assess imprisonment risk by reviewing the applicable statutes, prior convictions, BAC level, and whether an accident occurred. Second, we systematically structure sentencing materials, including treatment plans, completion of prevention programs, and documentation of social relationships, to persuasively demonstrate a low risk of reoffending. Third, where victims are involved, we design settlement strategies and assist in achieving meaningful recovery. Fourth, during trial, we structure arguments around the factors the court considers most significant to increase the likelihood of a suspended sentence. A DUI case is not simply a matter of paying a fine. Although it may feel as though the outcome is already determined, the result can change substantially. What matters is the choice you make at this stage. Decent Law Firm designs the entire criminal procedure and presents realistic, strategic solutions tailored to each client’s circumstances. We strongly recommend seeking legal advice before it is too late.DUI Penalties – What Are the Actual Standards?
Driving under the influence (DUI) is classified as a violation of the Road Traffic Act, and sentencing varies depending on blood alcohol concentration (BAC) and prior convictions.
Up to 1 year of imprisonment or a fine of up to KRW 5 million.
1 to 2 years of imprisonment or a fine between KRW 5 million and KRW 10 million.
2 to 5 years of imprisonment or a fine between KRW 10 million and KRW 20 million.
1 to 5 years of imprisonment or a fine between KRW 5 million and KRW 20 million.
2 to 6 years of imprisonment or a fine between KRW 10 million and KRW 30 million.
1 to 6 years of imprisonment or a fine between KRW 5 million and KRW 30 million.
Suspended Sentence for DUI – Key Factors That Open Possibilities
Courts consider the following major sentencing factors:
Submitting a letter of apology alone does not result in a suspended sentence.
The Line Between Imprisonment and a Suspended Sentence
The direction of a verdict is not determined by a single BAC number. The outcome can vary significantly depending on the legal response.
These factors directly influence sentencing decisions.
How Decent Law Firm Assists
Decent Law Firm does not approach DUI suspended sentence cases as mere pleas for leniency. We analyze the entire case and respond strategically.
