Key Points
- Under Article 51 of the Criminal Act, the court sets the sentence taking into account the offender's age, character and conduct, and environment; the relationship with the victim; the motive, means and result of the offense; and circumstances after the offense.
- In traffic criminal cases, the greatest weight goes to restoration of harm (settlement or deposit) and objective grounds showing you will not reoffend.
- If alcohol is the issue, abstinence treatment and car disposal records are central; if the accident is the issue, records of insurance handling and helping with the victim's treatment are central.
- Apology letters and petitions persuade the reader only when they contain actual facts and future plans rather than abstract promises.
1. Factors the court examines
Article 51 of the Criminal Act provides that in setting the sentence, the court shall take into account the offender's age, character and conduct, intelligence and environment; the relationship with the victim; the motive, means and result of the offense; and the circumstances after the offense. In traffic criminal cases, we turn these into concrete materials as follows.
| Factor | Materials |
|---|---|
| Restoration of harm | Settlement agreement or statement of not wanting punishment, deposit certificate, insurance handling records, records of support for medical costs |
| Preventing repeat drunk driving (officially “driving while intoxicated”) | Alcohol dependence diagnosis and treatment records, attendance records at sobriety meetings, sale of the car and cancellation of insurance, family supervision pledge |
| Preventing repeat accidents | Education to correct driving habits, traffic safety education certificate, confirmation that driving duties at work have been adjusted |
| Circumstances of the offense | How you came to drive and the distance and time, analysis of the cause of the accident |
| Social ties | Certificate of employment and evidence of dependents, volunteer records, petitions from your workplace and acquaintances |
| Conduct after the offense | Self-reporting and voluntary appearance, aid given right after the accident, cooperation with the investigation, apology letter |
2. How to write an apology letter
- Go back over the day of the incident concretely and write in your own words what was wrong.
- Show that you know exactly what harm the victim suffered.
- Rather than a promise such as "I will never do it again," write what you have actually changed (disposing of the car, treatment, daily habits).
- Rather than submitting the same letter several times, submit one at each stage of the case describing the new efforts you have made.
3. The role of petitions
Petitions from family, coworkers and acquaintances are used as evidence that there are people around the defendant who will watch over and support them. We guide petitioners to write concretely about their relationship with the defendant, the changes they have seen since the incident, and how they will help going forward, and to attach a copy of their ID.
4. Different goals at each stage
At the investigation stage the goal is a suspension of indictment (the prosecutor decides not to charge) or a summary order (a fine), and at a formal trial the aim is a fine or a suspended sentence (officially “suspension of execution of sentence”). Whether to request a formal trial after a summary order is issued is decided taking into account how that sentence would affect your job or status.
Frequently Asked Questions
This is a repeat DUI. Do treatment records actually help?
How many petitions should I submit?
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Read more →Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.
Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026
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