DUI and traffic accident defense in Wonju
In drink-driving and traffic accident cases we stand with you from the investigation through trial, and through the driving licence procedure.
Early steps shape everything after
We act in drink-driving and traffic accident criminal cases. For DUI, the statutory range under the Road Traffic Act turns on blood alcohol concentration and prior offences, and separate charges follow where there is injury or property damage.
In criminal matters, what is said in the earliest stage of the investigation shapes everything after it. It is better to organise the facts before questioning, and to decide in advance how mitigating circumstances and restitution efforts will be put on record.
Outcomes differ case by case and cannot be promised in advance. What we can set out clearly at the consultation is which options exist and where each one leads procedurally.
What we handle: DUI & traffic accidents
01 Drink-Driving: Criminal Defense
Article 44(1) of the Road Traffic Act prohibits driving under the influence, and Article 148-2 sets the penalties. A blood alcohol concentration of 0.03% to under 0.08% carries up to one year's imprisonment or a fine up to KRW 5 million; 0.08% to under 0.2% carries one to two years or a fine of KRW 5-10 million; 0.2% or above carries two to five years or a fine of KRW 10-20 million. Repeat offences within ten years are punished more severely. The same reading does not produce the same outcome. How far and why the person drove, whether there was a collision or injury, prior record, and what was done afterwards all bear on the result. It is also easy to miss that a separate administrative process against the driving licence runs alongside the criminal case. We check the stop and the testing procedure at the investigation stage, and assemble the material that can properly bear on sentencing.
02 Refusing a Breath Test
Under Article 44(2) of the Road Traffic Act a driver must comply with a police officer's request for a sobriety test. Refusing without justification is punished under Article 148-2(2) by one to five years' imprisonment or a fine of KRW 5 to 20 million. There is liability even though no reading exists, and the licence is subject to revocation. In practice the contested points are whether the request followed lawful procedure, whether a genuine opportunity to comply was given, whether refusal was unambiguous, and whether there was a reason the driver could not comply. We start by reconstructing the stop and the procedure from the record.
03 Driving Without a Licence
Article 43 of the Road Traffic Act prohibits driving without a licence, and Article 152 sets the penalty at up to one year's imprisonment or a fine up to KRW 3 million. It covers not only never having held a licence, but also driving during a revocation or suspension, and driving a vehicle outside the class the licence permits. It often arises together with drink-driving, in which case both offences are assessed together. The live question is usually intent, cases turn on whether notice of revocation was actually received, or on when a suspension period was understood to begin. We begin with the disposition notice and the service record, and build the facts from there.
04 Licence Revocation and Suspension
While the criminal case proceeds, a separate administrative process runs against the driving licence. The two do not necessarily end the same way. If you intend to challenge the disposition, the deadlines matter: an objection within 60 days of learning of it, an administrative appeal within 90 days, and after that only administrative litigation remains. Hardship such as the effect on livelihood is sometimes considered in mitigation, but drink-driving frequently falls under criteria that exclude mitigation, so each case has to be checked on its own terms. Ahn Hyunhee was appointed a state-funded representative for Gangwon Province administrative appeals in 2019. The office tracks the criminal timetable and the administrative deadlines side by side.
How a DUI case proceeds
- 1
Consultation and Fact-Finding
Starting with how the stop happened
We establish how the stop occurred, the testing method and reading, how far and why you drove, whether there was a collision or injury, and any prior record. We then set out how the criminal case and the licence proceedings each unfold, and what deadlines attach to them.
- 2
Handling the Investigation
Deciding what to say
We work out in advance how far to answer in police and prosecution interviews, and where appropriate counsel attends the interrogation. We check whether the stop and the testing followed lawful procedure, and how the record accounts for the interval between driving and testing.
- 3
Sentencing Material and Trial
Material the court can weigh
We assemble and submit the material a court can properly weigh: the circumstances, steps taken to repair any harm, completion of treatment or education programmes, and dependants or livelihood considerations. The approach differs depending on whether the case proceeds by summary order or full trial, so whether to request a formal trial is reviewed within the deadline.
- 4
The Licence Proceedings
A short clock
For the revocation or suspension that runs separately from the criminal case, we review which route applies, objection, administrative appeal, or administrative litigation, and by when. Missing a deadline narrows the options, so we track these dates alongside the criminal timetable from the day the disposition notice arrives.
How a criminal case proceeds
- 1
Consultation and Stage Check
First, where you are
What can be done now depends on whether a complaint has just been filed, whether you have already been questioned, and whether the case has been referred or charged. We identify where the case sits, then set out what comes next and the deadlines that apply.
- 2
Support During Investigation
The first record sticks
From the moment a summons arrives we organise the facts and the scope of what will be said, and counsel attends the interrogation. The record made by investigators is used as it stands at trial, so preparing before the first interview matters. If there has been a search, seizure or arrest, we also examine whether the procedure was lawful.
- 3
Responding to the Prosecutor's Disposition
Before and after charging
Before the charging decision, we consider written submissions, supplementary material, and steps toward repairing harm such as settlement or a criminal deposit. Once the disposition is issued, we identify what remains, an appeal to the higher prosecutor's office, an application for adjudication, or a request for formal trial against a summary order, and the deadlines for each.
- 4
Trial Advocacy and What Follows
The courtroom and after
Our lawyer handles the case in court, position on the charges, responses to the prosecution's evidence, examination of witnesses, and the closing brief. After sentencing we advise on whether to appeal and on the seven-day deadline, and on the enforcement procedures that follow once a sentence becomes final.
Who this is for
Stopped for drink-driving
The outcome depends on the measured level, prior record and how the driving happened. We organise the facts before questioning.
Summoned by the police
Statements made at the first interview are used all the way to trial. We decide the scope of what to say before you attend.
Facing a licence revocation or suspension
The licence penalty runs separately from the criminal case, and we respond through an objection, administrative appeal or administrative lawsuit, whichever fits.
Victims planning to file a complaint
We represent the victim's side from drafting and filing the complaint through the investigation.
DUI & criminal success stories
Summarised from the judgments and decisions with identifying details removed. Every case turns on its own facts.
DUI success stories
DUI and obstruction of official duty: prosecution's appeal dismissed
The client had been prosecuted for drink-driving together with obstruction of a public official, and the prosecution appealed the first-instance judgment on the ground that the sentence was too lenient. The firm handled the appeal, re-presenting the circumstances of the offence and the sentencing material to show why the fine imposed at first instance should stand. The appellate court dismissed the prosecution's appeal, leaving the original fine of KRW 20 million in place. The appeal was decided by Suwon District Court in 2023. A prosecution appeal is the stage at which a sentence can get heavier, so the timing of the response matters.
DUI case: KRW 10 million fine
We defended a drink-driving charge under the Road Traffic Act. Whether a custodial sentence would be imposed was the real issue, so we set out the circumstances of the drinking, the distance driven, whether there was an accident and the steps taken afterwards. The court imposed a fine of KRW 10 million. Wonju Branch of the Chuncheon District Court, 2023.
DUI case: KRW 8 million fine
A drink-driving charge under the Road Traffic Act. Alongside the objective facts, such as how the driver was stopped and the route driven, we compiled verifiable follow-up steps such as selling the vehicle and completing treatment or counselling as sentencing material. The court imposed a fine of KRW 8 million. Wonju Branch of the Chuncheon District Court, 2023.
DUI case: KRW 7 million fine
We defended a drink-driving case. We organised the client's statements from the investigation stage, and at trial submitted the circumstances of the driving, the client's livelihood and the steps taken to prevent a recurrence. The court imposed a fine of KRW 7 million. Wonju Branch of the Chuncheon District Court, 2024.
DUI case: KRW 5 million fine
A drink-driving charge under the Road Traffic Act. The defence concentrated on showing concretely how much real danger there was, including that the distance driven was only about 1 km. The court imposed a fine of KRW 5 million. Wonju Branch of the Chuncheon District Court, 2022.
High blood-alcohol DUI: suspended prison sentence
We defended a drink-driving case where the high blood alcohol level meant a prison sentence was a real possibility. We submitted in detail the circumstances of the drinking, why the client came to drive, and the steps taken before judgment. The court imposed one year's imprisonment suspended for two years, with a law-abiding driving course. Wonju Branch of the Chuncheon District Court, 2023.
Drink-driving with personal injury: suspended sentence without a settlement
This was a drink-driving case in which another person was injured and the matter came to trial without any settlement with the victim. A settlement carries considerable weight in sentencing, so its absence was a significant disadvantage; instead the defence documented the extent of the injury, how the accident occurred, the attempts made to make good the harm, and the client's personal circumstances. The court imposed one year's imprisonment suspended for two years and ordered completion of 40 hours of law-abiding driving instruction. The case was heard at the Wonju Branch of Chuncheon District Court in 2023.
DUI case: 10 months' imprisonment suspended for two years
We defended a drink-driving case in which a custodial sentence was expected. We concentrated on submitting verifiable material on how the driving happened, the degree of risk and what the client had actually done to manage drinking. The court imposed 10 months' imprisonment suspended for two years, with a law-abiding driving course. Wonju Branch of the Chuncheon District Court, 2022.
DUI case: 1 year 2 months' imprisonment suspended for two years
A drink-driving case heard at the Jecheon Branch of the Cheongju District Court. We explained the specific risk of the driving and submitted evidence of the steps actually taken to prevent a recurrence. The court imposed 1 year and 2 months' imprisonment suspended for two years, together with community service and a law-abiding driving course. 2021.
DUI case: one year's imprisonment suspended, with probation
We defended a drink-driving case. We explained the circumstances concretely and submitted evidence that the client had put manageable safeguards in place against a recurrence. The court suspended a one-year prison sentence and ordered probation and a law-abiding driving course. Wonju Branch of the Chuncheon District Court, 2021.
Combined drink-driving and unlicensed driving: suspended prison term with a concurrent fine
This case combined drink-driving, driving without a licence, and a breach of the Guarantee of Automobile Accident Compensation Act. Overlapping charges tend to push the sentence upward, so the defence separated out how each act came about and how they related to one another, and filed evidence of the steps taken afterwards. The court suspended the prison sentence for two years, imposed a concurrent fine of KRW 300,000, and ordered probation. The case was heard at the Wonju Branch of Chuncheon District Court in 2021, with the firm appointed as court-assigned defence counsel.
Frequently asked questions
If it is a first offence, does it end with a fine?
A first offence is one factor among several; it does not by itself settle the outcome. The reading, how far and why the person drove, whether there was a collision or injury, and how they conducted themselves at the stop are all weighed together. That is why two first offences with the same reading can end differently. We do not forecast the result; we start by identifying the facts and records that can properly bear on it.
I drank last night and drove this morning, is that drink-driving?
What matters is not when you drank but whether your blood alcohol concentration at the time of driving was at or above the statutory threshold. A reading that persists after a night's sleep still amounts to drink-driving, and not having realised it does not remove liability. Where there is a gap between the time of driving and the time of testing, how the reading changed in between is sometimes contested. The stop and the testing record have to be checked first.
After revocation, when can I apply for a licence again?
Once a licence is revoked, you cannot re-apply until the statutory disqualification period has run. Its length depends on the nature of the violation, whether it was repeated, and whether a collision was involved, and the criteria are amended from time to time, so the disposition notice you received is the reference point. Challenging the disposition itself carries its own deadlines for objection and administrative appeal, tracked separately from the criminal case. Tell us the date on the notice as soon as it arrives.
Could drink-driving cost me my job?
The criminal process and any action by your employer run separately. Some rules of employment treat drink-driving as a disciplinary ground, and where driving is part of the job or a particular licence is required, revocation alone can make the work impossible. Civil servants and certain professions are subject to their own disciplinary standards. So rather than watching only the criminal case, it is better to check your organisation's rules as well and time your response accordingly.
Can I not just retain a lawyer once it reaches trial?
The record made by investigators is used as evidence at trial, so how you answered in the first interview follows the case to the end. Changing the account later can itself become a problem. Cases also close without indictment at the investigation stage, or change character before charges are framed, so starting after indictment leaves fewer options. It is better to talk it through when the summons arrives.
If I settle with the victim, am I no longer punished?
What a settlement achieves depends on the offence. For offences that cannot be punished against the victim's wishes, and those requiring a complaint, a settlement can end the process; for other offences it does not avert punishment but is a factor in sentencing. The wording of the settlement agreement often matters more later than the sum paid. Where the victim cannot be reached, a criminal deposit is the alternative to consider.
Before you proceed
Drinking the night before still counts
What matters is not when you drank but whether your blood alcohol level was above the limit at the time of driving.
Licence penalties have short deadlines
The licence penalty runs separately from the criminal case and the window to challenge it is short. Check as soon as you receive it.
A settlement works differently by offence
For offences that cannot be punished against the victim's wishes a settlement can end the case; for others it is a factor in sentencing.
Tell us what is happening first
Leave an inquiry and we will explain how to proceed after reviewing it. If it is urgent, please call 1577-0448.