A case handled by YUSU Lawfirm. Identifying details have been anonymized.
Case at a Glance
- Matter: Drunk driving, second offense within ten years
- Client: Defendant
- Stage: Prosecutor's appeal
- Result: Prosecutor's appeal dismissed; fine upheld
The Client's Situation
The client drove with a blood alcohol level above 0.08% and had one prior DUI conviction within the previous ten years. The first-instance court imposed a fine, taking into account the short distance driven. The prosecutor appealed, arguing the sentence was too lenient.
Key Legal Issue
The prosecutor pointed out that under the amended Road Traffic Act a prison sentence is generally available for a second DUI. The defense had to show that the first-instance fine was not unreasonable.
What YUSU Lawfirm Did
Attorney Soobin You gathered additional letters of apology and petitions from the client's family and coworkers, and gave the client a list of sentencing materials and how to prepare them. Two sentencing opinions arguing that the fine should stand were written and filed, similar cases were analyzed to support dismissing the appeal, and the same position was argued in court.
Result
The appeal court dismissed the prosecutor's appeal, and the first-instance fine was upheld.
What This Case Shows
A prosecutor's appeal means the first result is not final. At this stage the defense usually shows that the factors the first court weighed still hold, together with anything that has changed since. Stopping after the first sentence can leave the door open to a heavier one.
Related Legal Services
For how we handle this type of matter, see DUI Defense. More outcomes are collected in our Case Results.
Related cases and guides
Facing a similar legal issue in Korea? Tell us what happened and our legal team will review it. Every case turns on its own facts, and this result does not guarantee a similar outcome.