Busan DUI: handle the criminal penalty and your license together

Being caught does not cancel it by itself. A suspended sentence loses effect when a sentence of imprisonment without suspension, with or without labor, for an intentional crime committed during the suspension period is imposed and becomes final (Criminal Act, Article 63), and at that point the suspended sentence is also carried out. This new case is a repeat offense within 10 years and carries the aggravated statutory penalty (Road Traffic Act, Article 148-2(1)), so the sentencing and finality dates of both cases, the readings and the driving circumstances should be laid out together and materials prepared before questioning.

Yes. It means the prosecutor requested a formal trial rather than a summary order in which a fine is set on the papers, and the trial opens only when the defendant appears on the trial date (Criminal Procedure Act, Article 276). Once you receive a copy of the indictment, you must file an opinion stating whether you admit the charged facts within 7 days (Article 266-2), so we use that window with a Busan DUI lawyer to settle what you admit and which sentencing materials to submit.

You may submit them, but the content matters more than the papers. Prosecutors and courts consider circumstances after the offense (Criminal Act, Article 51), so records showing you actually took steps to prevent reoffending, such as selling the car, alcohol counseling or treatment records and use of designated driver services, are more concrete. Submit the letter of apology where the case is pending, but if you contest any part of the charge, check the wording so it does not read as an admission.

There is no system for investigators to notify ordinary companies. For public officials, investigators notify the head of the official's agency within 10 days of starting and ending an investigation (State Public Officials Act, Article 83(3)), and other employers cannot check criminal records except where the law allows (Act on the Lapse of Criminal Sentences, Article 6). However, for jobs that involve driving or jobs with their own disqualification provisions, such as the security services industry, the relevant law must be checked.

It is punished, but under different provisions. Personal mobility devices such as electric kick scooters are included in bicycles, etc., and riding one while drunk or refusing a breath test is punished by a fine of up to KRW 200,000, penal detention or a minor fine (Road Traffic Act, Article 156, items 11 and 12); the imprisonment provision for drunk driving a car (Article 148-2) does not apply. A separate action may be taken against your driver's license, so check the effect on any license you hold as well.

They are handled together, but they are two procedures. The criminal case goes through police questioning, the prosecutor's decision and trial, while license revocation or suspension is contested by an objection to the commissioner of the city or provincial police agency within 60 days of receiving the action (Road Traffic Act, Article 94) and an administrative appeal within 90 days of learning of the action (Administrative Appeals Act, Article 27(1)). A suspended indictment or a reduced fine does not change the license action automatically, so we track the two deadlines separately.