At Kang & Shin, we are dedicated to delivering strategic and effective legal representation to foreigners involed in criminal cases, with clear English communication in Korea.
In a case handled by our attorney, a client was charged with a second-time DUI offense, a serious charge that carries enhanced penalties under Korean law. Despite the prosecution’s indictment, we successfully secured a not guilty verdict.
Case Summary
Charge: DUI (second offense within 10 years)
Facts of Indictment: The defendant operated a motor vehicle over a distance of approximately 1.5 kilometers while under the influence of alcohol, with a reported blood alcohol concentration (BAC) of 0.046%. Therefore, the defendants action was a violation of Korea’s Road Traffic Act, compounded by a prior DUI conviction on record.
Legal Strategy
Our defense focused on challenging the reliability and sufficiency of the prosecution’s evidence. We carefully reviewed all investigative procedures and every piece of evidence submitted by the prosecution.
Upon thorough review, we argued that the BAC reading itself lacked evidentiary weight. We specifically highlighted inconsistencies when applying the Widmark formula, a standard method used to estimate a driver’s BAC at the time of driving.
By demonstrating the unreliability of the BAC evidence based on the Widmark formula, we then argued that the remaining evidence presented by the prosecution was insufficient to eliminate reasonable doubt regarding our client’s actual level of intoxication at the time of driving.
Court’s Decision
The court carefully considered and accepted our arguments, finding that the prosecution’s evidence was insufficient to prove beyond a reasonable doubt that the defendant was driving with a BAC over the legal limit of 0.03%. The judgment stated:
“Considering the facts and circumstances accepted by this court, the evidence submitted by the prosecution does not sufficiently establish that the defendant drove with a blood alcohol concentration of 0.03% or higher. There is no additional evidence to support this claim beyond reasonable doubt.”
As a result of our defense, our client was found not guilty.
Our Commitment to Criminal Defense
This case demonstrates the importance of having skilled legal counsel when facing criminal charges in Korea. Even when the odds appear stacked against the defendant, a proper legal defense can make all the difference.
At Kang & Shin, we handle criminal defense cases with the utmost care and diligence. We are here to protect your rights and fight for the best possible outcome. If you’ve been accused of any offense in Korea, don’t face it alone. Contact us for a consultation and let us help guide you through the legal system.