CONTENTS
- 1. Drunk Driving Offense | Definition
- 2. Drunk Driving Offense | Types
- - Drunk Driving
- - Refusal of a Breathalyzer Test
- - Obstruction of Official Duties During Drunk Driving
- - Dangerous Driving Causing Death or Injury
- - Drunk Driving Hit-and-Run
- - Driving Under the Influence Without a License
- - Aiding and Abetting Drunk Driving
- 3. Drunk Driving Offense | Levels of Punishment
- - Levels of Punishment That May Be Combined
- - Administrative Disposition
- 4. Drunk Driving Offense | If You Are Involved?
- - If You Have Questioning Ahead?
- - If You Want to Reduce the Punishment?
- - If You Want to Object to an Administrative Disposition?
- - If It Is Difficult to Respond on Your Own?
1. Drunk Driving Offense | Definition
A drunk driving offense refers to operating an automobile or a motorized bicycle while the blood alcohol concentration after drinking is at or above a certain level.
Drunk driving carries a high risk of causing a traffic accident and is an offense that can threaten the lives and safety of people.
The Road Traffic Act defines the standard for drunk driving as a blood alcohol concentration of 0.03% or higher, and driving in a state of intoxication exceeding this standard is regarded as drunk driving.
2. Drunk Driving Offense | Types
A drunk driving offense can extend beyond merely drinking and driving and may take the form of various types of crimes.
Because each offense has different elements of establishment and levels of punishment, accurate understanding and a prompt response are necessary.
Drunk Driving
Operating an automobile or a motorized bicycle with a blood alcohol concentration of 0.03% or higher is punishable as drunk driving.
The higher the level, the more severe the license revocation and the criminal punishment become.
Refusal of a Breathalyzer Test
When a person refuses a police officer's request for a breathalyzer test, the crime of refusing a breathalyzer test is established.
It may be punished more severely than the actual drunk driving.
Obstruction of Official Duties During Drunk Driving
If a person assaults or threatens a police officer during a drunk driving check, the crime of obstruction of official duties applies.
In addition to simple drunk driving, aggravated punishment is imposed for a separate offense.
Dangerous Driving Causing Death or Injury
This is a crime established when a person operates an automobile or similar vehicle in a state where normal driving is difficult due to the influence of alcohol or drugs and thereby causes bodily injury to or the death of another person.
Drunk Driving Hit-and-Run
If a person causes an accident while drunk driving and flees without taking rescue measures, it is regarded as a drunk driving hit-and-run.
Because drunk driving and hit-and-run apply at the same time, aggravated punishment is imposed.
Driving Under the Influence Without a License
Driving under the influence without a license refers to the act of drinking and operating a vehicle while having no driver's license or while the license is revoked or suspended.
Because two offenses are established at the same time, the criminal liability becomes more severe.
Aiding and Abetting Drunk Driving
This is a crime established when a person, while aware that the driver is intoxicated, allows or encourages the driving.
If an accident occurs, the person who aided the conduct may also bear civil and criminal liability, so particular caution is required.
3. Drunk Driving Offense | Levels of Punishment
The standards for punishing a drunk driving offense are set out primarily in the Road Traffic Act.
The minimum blood alcohol concentration that constitutes a drunk driving offense is 0.03%, and the levels of punishment are as follows.
▶ Levels of Punishment for Drunk Driving
Category | Punishment |
Blood alcohol concentration of 0.2% or higher | Imprisonment of 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 and less than 0.2% | Imprisonment of 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 and less than 0.08% | Imprisonment of not more than 1 year, or a fine of not more than 5 million won |
Refusal of a lawful breathalyzer test requested by a police officer | Imprisonment of not less than 1 year and not more than 5 years, or a fine of not less than 5 million won and not more than 20 million won |
Levels of Punishment That May Be Combined
Levels of Punishment for Obstruction of Official Duties
| Article 136 of the Criminal Act | Imprisonment of not more than 5 years or a fine of not more than 10 million won |
Levels of Punishment for Driving Without a License
| Article 152 of the Road Traffic Act | Imprisonment of not more than 1 year or a fine of not more than 3 million won |
Levels of Punishment for Dangerous Driving Causing Death or Injury
| Article 5-11 of the Act on Aggravated Punishment of Specific Crimes | - Imprisonment of not more than 10 years or a fine of not less than 5 million won and not more than 30 million won - Imprisonment for a definite term of not less than 1 year where death is caused |
Levels of Punishment for Failure to Take Measures After an Accident (Hit-and-Run)
| Article 148 of the Road Traffic Act | Imprisonment of not more than 5 years or a fine of not more than 15 million won |
Administrative Disposition
If a driver's license is revoked, the person cannot obtain a license again for a certain period depending on the grounds for the revocation.
To obtain a license again, the disqualification period for the driver's license must first pass.
After the disqualification period passes, the person can obtain a license again only after completing the mandatory special traffic safety education.
Category | Disposition |
Blood alcohol concentration of 0.03% or higher and less than 0.08% | License suspension |
Blood alcohol concentration of 0.08% or higher | License revocation |
Refusal of a breathalyzer test (regardless of blood alcohol concentration) | License suspension |
4. Drunk Driving Offense | If You Are Involved?
If you are involved in a drunk driving offense, a prompt and accurate response is necessary.
The initial response can have a significant effect on the future progress and outcome of the case.
If You Have Questioning Ahead?
If you have been caught for a drunk driving offense or have been contacted by an investigative agency, you must appear at the police station or the prosecutors' office within a certain period to be questioned.
Because the content of your statement at this stage can directly affect not only the later level of criminal punishment but also the future trial outcome, it is important to organize the circumstances surrounding the case and to carefully review the direction of your response before the questioning.
If you have questioning ahead, the following advance preparation is necessary.
▷ Securing materials that can prove the facts, such as dashcam footage, CCTV, and call records
If You Want to Reduce the Punishment?
When a person is caught for a drunk driving offense, in order to reduce the punishment it is very important to accurately understand the specific situation one faces and the relevant sentencing guidelines, and then establish a response strategy suited to them.
This is because various factors, such as whether the person is a first-time or repeat offender, the level of the blood alcohol concentration, and whether an accident occurred, have a significant effect on the determination of punishment for a drunk driving accident.
▷ An attitude of reflection, such as completing alcohol addiction counseling and participating in traffic safety education
▷ Substantiating mitigating circumstances favorable to sentencing, such as being a driver who relies on driving for a living or supporting a family
▷ Where there is a victim, active efforts toward recovery of the harm and settlement
Depending on the case, there are several ways that may reduce the level of punishment, so it is most important to examine your own situation carefully and respond systematically.
If You Want to Object to an Administrative Disposition?
If you object to the revocation or suspension of a driver's license, you may file an objection with the Commissioner of the Metropolitan or Provincial Police Agency within 60 days from the date of receiving the disposition.
However, in order to receive mitigation of the administrative disposition through an objection, none of the following must apply.
▷ Where the person caused a traffic accident involving personal injury while drunk driving
▷ Where the person refused a police officer's request for a breathalyzer test, fled, or assaulted the enforcing police officer
▷ Where the person has a record of three or more traffic accidents involving personal injury within the past 5 years
▷ Where the person has a record of drunk driving within the past 5 years
In addition, regardless of whether an objection is filed, a person may separately seek relief from the administrative disposition through an administrative appeal, and where there is an objection to the result of the administrative appeal, an administrative litigation may also be filed.
If It Is Difficult to Respond on Your Own?
The firm includes a number of experienced attorneys with an average of more than 10 years of practice.
Through close consultation with the client, the firm provides systematic assistance at each stage related to a drunk driving offense, including the police investigation, the prosecution investigation, and the trial.
In addition, if a derivative case arises, specialists suited to the case work together to continuously monitor the situation and respond promptly.
In cooperation with its in-house evidence investigation center, the firm lawfully collects evidence favorable to the client and develops the case strategy.
If you face punishment for a drunk driving offense, you may seek the assistance of a criminal defense attorney at Daeryun.
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