What happens if a soldier commits drunk driving?

Hello. I am an attorney specializing in military criminal law at Daeryun Law LLC.

When caught for drunk driving during military service, various disadvantages are imposed.

1. Drunk driving by a soldier is also subject to criminal punishment as a violation of the Road Traffic Act.

Even a soldier who commits drunk driving while on leave or during an outing or overnight pass is subject to the following punishments under the Road Traffic Act, the same as a civilian.

For a first offense with a blood alcohol concentration of 0.2% or higher: imprisonment with labor for not less than 2 years and not more than 5 years, or a fine of not less than 10 million won and not more than 20 million won

Blood alcohol concentration of 0.08% or higher but less than 0.2%: imprisonment with labor for not less than 1 year and not more than 2 years, or a fine of not less than 5 million won and not more than 10 million won

Blood alcohol concentration of 0.03% or higher but less than 0.08%: imprisonment with labor for up to 1 year, or a fine of up to 5 million won

2. For military drunk driving, a disciplinary action is imposed separately from criminal punishment.

Drunk driving is regarded as conduct that impairs one's dignity as a soldier, so a separate internal military disciplinary procedure is carried out.

Types of disciplinary action: reduction in pay, confinement to quarters, restriction on promotion, and the like

3. In the case of an enlisted soldier, there is no major impact on discharge, but there is a possibility of exclusion from awards (commendations and citations) and other disadvantages.

As such, because drunk driving by a soldier carries many disadvantages, it is advisable to seek the assistance of an attorney specializing in military criminal law and to respond to the criminal punishment and disciplinary procedures.

Based on data from resolving cases of drunk driving by soldiers, the attorneys specializing in military criminal law at Daeryun Law LLC will present a strategy best suited to the client's case.

Our firm has branch offices throughout the country, including in military garrison areas, and has established an emergency response system available 24 hours a day, 365 days a year.