4 months after suspended sentence, another drunk driving...'Prison time or probation', 14 lawyers...

Four months after receiving a deferred prosecution for special injury, the same defendant was arrested again for driving under the influence with a blood alcohol content of 0.129%. Attorney Oh Ki-chan (Law Firm Tong) said that there is no possibility of retroactively revoking the deferred prosecution because the offenses were separate incidents, but he explained that the criminal history could be used against him in sentencing. The key criminal law issues are whether the deferred prosecution should be revoked, the possibility of aggravated penalties for a second DUI within 10 years, and the sentencing at trial. Mr. Oh advised that the deferred prosecution does not need to be listed separately in the plea agreement, but cautioned that it is already known to law enforcement because it is recorded in the criminal background check. The importance of proactive plea submissions (e.g., sincere reflections, recidivism prevention measures, etc.) and responses at the trial stage with the assistance of counsel are also emphasized, and Mr. Oh's position centers on the realistic judgment that while it is unlikely that the existing disposition will be reversed, the level of criminal punishment may increase depending on the power and gravity of the offense.