Appealing a wrongful DUI charge

The client was stopped by the police while returning home from a late-night gathering with friends. He was charged with operating a vehicle, and his blood alcohol level was measured at 0.155%, well over the legal limit for driving under the influence. The police charged the client with drunk driving based on witness statements and the client's state of intoxication, and the case went to trial. The client strongly argued that he was not driving the vehicle and that the drunk driving charge was untrue, but he was convicted at the first trial with a fine of KRW 7 million. The client came to Ongang Law Firm to find out the truth of the case. ■Case Issues The issue in the case was whether the client was driving a vehicle while intoxicated. The prosecutor argued for drunk driving based on witnesses' statements, the contents of the 112 call, and the condition of the vehicle, but on appeal, objective evidence such as witnesses' unreliability (possible mistake due to intoxication), dashcam footage, etc.