Fighting a Drunk Driving Charge in Korea: Korean DUI Law

For expats residing in Korea, a Korean DUI (Korean Drunk Driving) conviction can be more than a large fine and revocation of driving privileges. We know of cases of termination of employment and termination and non-renewal of Korean visas. Thus, we have posted a number of articles on Korea’s DUI Laws and have assisted clients in defending themselves against Korean drunk driving charges.

Beating a Drunk Driving Charge in Korea

A driving under the influence charge in Korea, in many cases, is considered a serious crime, and multiple convictions or an injury can even lead to a jail sentence. Don’t drink and drive in Korea and if you are charged with driving under the influence in Korea hire a great criminal defense attorney immediately.

A recent case at a Daegu Court shows that in some cases it is possible to obtain a not guilty verdict. However, in the vast majority of cases, the role of your Korean lawyer shall be to mitigate damage not obtain a not-guilty verdict. The facts and evidence obtained by the Korean police are paramount and you must analyze and decide on the best avenue going forward as quickly as possible with your Korean attorney.

IPG Legal obtained not-guilty verdicts in Korean DUI charges for expats and obtained favorable decisions with Korean Immigration that allowed the expat to keep visas and employment in Korea. The most important decision shall be your choice of Korean law firms. Hire a law firm experienced with handling not merely Korean criminal matters, but Korean Immigration matters, and make sure your legal team in Korea has a senior retired judge as part of the team (and the judge is active on the team) because of Korean legal realities in Korean courts. In the majority of not-guilty verdicts IPG Legal obtained, a senior retired judge was involved in the Korean court process.

Drunk Driving Not Guilty Verdict Based on Widmark Formula

For the Korean prosecution to obtain a guilty verdict, the Korean Prosecution must prove to the court that:

1. the accused drove a vehicle, and
2. was “under the influence” prohibited amount alcohol in his or her body.

The Joonang Daily newspaper reported that the facts accepted by the Korean court that led to a not-guilty verdict for the defendant, since the prosecution was unable to prove that the defendant drove the vehicle while under the influence.

“According to evidence accepted by the court, he stayed inside the car, after parking it, for about 39 seconds before stepping outside. About 40 minutes later, the police measured his blood alcohol concentration, which was recorded at 0.128 percent, higher than the 0.03 percent threshold for punishment under the Road Traffic Act.
 
Concentration levels higher than 0.08 percent can result in driver’s license revocation.
 
Witnesses testified that the driver’s parking appeared abnormal, and he staggered and behaved strangely as soon as he got out of the car.
 
However, the driver claimed he drank “an entire bottle of soju with an alcohol content of 25 percent” only after parking the car and staying in it “for about 39 seconds,” implying that he didn’t actually drive the vehicle while drunk.”

Alleged drunk driver acquitted by Daegu court after claiming he parked before drinking, Joonang Daily, Oct. 3, 2024

After utilizing the Widmark formula the court opined that: “Even if the defendant drank an entire bottle of soju as he claimed, it is hard to believe that he would display intoxicated behavior immediately after drinking. However, it is difficult to conclude that the defendant drove under the influence based solely on circumstantial evidence and speculation.”

Sean Hayes is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as one of only two non-Korean lawyers as a Top Attorney by AsiaLaw, and IPG Legal is consistently ranked Top Dispute Resolution Law for our litigation services. An article on our Criminal Defense Team can be found at: English-Speaking Criminal Defense Attorneys in Korea.

If you would like a consultation with a criminal defense attorney, please schedule a call at: Schedule a Call with an Attorney. For more articles on Korean Criminal Law please see our Korean Defense Law Archives.