Certified accountant caught drunk driving for third time avoids license cancellation on appeal

An appeals court reduced the sentence of a certified public accountant convicted of drunk driving for the third time, replacing a suspended prison term with a fine. The first trial had imposed a 10-month prison sentence with a two-year suspension — a ruling that, if finalized, would have triggered cancellation of his CPA registration. The appeals court said stripping him of his license "would be somewhat harsh" and opted for a fine instead.

According to legal sources, the second criminal division of the Seoul Northern District Court, presided over by Judge Jeong Woo-seok, imposed a fine of 20 million won ($13,100) on the accountant, identified only as A, in an appeals ruling handed down in late May.

A was charged with driving drunk along a roughly 1-kilometer stretch of road in Nowon-gu, Seoul, at around 3 a.m. on Nov. 3, 2024. His blood alcohol concentration was 0.064 percent — twice the 0.03 percent threshold for license suspension. Police caught him after he fell asleep at the wheel.

A was not a first-time offender. He had previously received summary fines for drunk driving on two separate occasions — 2 million won each in 2014 and 2016.

The first trial dealt harshly with A for getting behind the wheel drunk again, sentencing him to 10 months in prison with a two-year suspended execution. Under the Certified Public Accountants Act, a suspended sentence of imprisonment or heavier triggers automatic cancellation of CPA registration, and the individual is barred from re-registering as an accountant for two years after the suspension period ends.

The first-instance court said in April 2025 that A's prior convictions raised suspicions of "a habitual tendency toward drunk driving" and that "strict punishment was necessary."

However, the court noted that his blood alcohol level "was relatively low" and that the offense "did not result in any personal injury or property damage," citing those factors in its sentencing rationale.

A appealed, arguing the sentence was too severe, and the appeals court agreed. It reduced the penalty to a fine of 20 million won. A simple fine carries no consequence for CPA registration.

The appeals court acknowledged that reoffending despite a prior record was "an aggravating circumstance," but said A "deeply reflects on his conduct" and "has shown a strong will to prevent reoffending," citing those factors in its decision to reduce the sentence.

The court added that his blood alcohol level at the time "was not particularly high" and that his previous drunk-driving convictions dated back 12 and 10 years. Taking into account that he supports minor children, the court concluded that cancelling his CPA registration over the offense "appears to be somewhat harsh."

The court ruled that "upon reviewing the various sentencing factors, the first-instance sentence was excessively heavy and unjust."

The ruling is now final. Neither the prosecution nor A filed a further appeal.