Remedies Against Drunk Driving Penalties

No person may drive an automobile, motorcycle (including a motorized bicycle), or the like while in a state of intoxication.

Here, "automobiles and the like" include not only ordinary vehicles but also certain construction machinery.

▶What is the standard for drunk driving?

-If the driver's blood alcohol concentration is 0.03% or higher, the driver is deemed to be in a "state of intoxication," and driving is prohibited.

▶The police's authority to conduct a breath test

-The police may use a breath analyzer to confirm whether a driver has been drinking when they determine that it is necessary for traffic safety or when there are grounds to believe that the driver appears to be intoxicated.

-At this time, the driver must comply with the testing request, and if the driver refuses without justifiable grounds, their driver's license is revoked.

▶Disadvantages of refusing a breath test

-A person who refuses a breath test without justifiable grounds may be subject to imprisonment for not less than one year and not more than five years, or a fine of not less than five million won and not more than twenty million won.
The driver's license is also revoked.

▶Acts of obstructing the test are also subject to punishment

-A person who, for the purpose of obstructing a breath test, drinks additional alcohol or uses a drug that can affect the blood alcohol concentration (for example, erythromycin or verapamil hydrochloride) may be subject to a fine of not more than 200,000 won, detention, or a minor fine.

-Even where such an act of obstruction occurs, the driver's license may be revoked.

▶What if you contest the breath test?

-If a driver does not agree with the result of a breath test, the test may be conducted again by methods such as blood sampling.

However, the driver's consent is required in that case.

A driver’s license is revoked if one of the following applies.

If a person drives while it is difficult to drive normally after using any of the following substances (narcotics, cannabis, psychotropic drugs, or hallucinogens), the license is revoked.

In addition, if a person causes an accident under the influence of alcohol or drugs, violates the duty to take measures, and is sentenced to a fine or higher (including a suspended sentence), the reacquisition of a driver's license becomes impossible for the following 5 years.

A person falling under the following must, in order to drive a motor vehicle again, obtain a conditional license restricted so that they may only drive a vehicle equipped with a ‘drunk driving prevention device.’

The punishment for drunk driving is classified according to the blood alcohol concentration level as follows.

If a driver's license holder violates a traffic law while driving or causes a traffic accident, the holder is unable to drive for a certain period.

1. Suspension Disposition Due to Accumulated Penalty Points

-When penalty points from a traffic law violation or an accident accumulate to 40 points or more, a suspension disposition is issued.
-Penalty points are imposed through a single violation or multiple accumulated violations.

Examples of Major Penalty Points (Based on Statutory Violations)

2. Immediate Suspension Disposition Due to a Specific Violation

-Drunk driving: blood alcohol concentration of 0.03 to 0.08% → license suspension (100 points imposed)

-Joint dangerous conduct, reckless driving, and the like leading to criminal booking → 40 or more penalty points may be imposed

-A violation of the duty of safe driving arising from collective action or the like → up to 40 points imposed

1. Notice before the disposition

The police send a prior notice before a suspension disposition.

-The content of the disposition
-The deadline for submitting opinions
-Notice including guidance on rights such as an administrative appeal

2. Submission of opinions and surrender of the license

-The driver may submit a statement of opinion after receiving the notice, and once the suspension disposition becomes final, the driver must surrender their driver's license.
-If the driver refuses to surrender it, the police may recover it
-Failure to surrender it results in a fine of 30,000 won

The objection system is a system under which, if a person receives a disposition revoking or suspending their driver's license due to a violation of traffic regulations while driving, and the person considers that disposition to be unlawful or unjust, they may raise an objection.

▶Cases in which mitigation is possible (grounds for consideration of circumstances)

A person who meets the following conditions may receive mitigation of the administrative disposition.

-A case in which driving is the family's means of livelihood
-A case in which, as a model driver, the person has engaged in traffic volunteer activities for 3 years or more
-A case in which the person has received a commendation from a chief of a police station or higher

▶Cases in which mitigation is restricted (grounds for which mitigation is not possible)

If the following applies, the person is not eligible for mitigation even if they file an objection.

❌ Mitigation restrictions related to drunk driving

-Blood alcohol concentration exceeding 0.1%
-Casualties resulting from an accident while drunk
-Refusal to comply with a breath test request, flight, or assault of a police officer
-A record of drunk driving within the last 5 years
-3 or more traffic accidents causing personal injury within the last 5 years

❌ Mitigation restrictions related to accumulated penalty points

-A record of driver's license revocation within the last 5 years
-3 or more suspension dispositions within the last 5 years
-A case in which mitigation has already been received through a prior objection review or administrative appeal or litigation

An administrative adjudication is a procedure by which an unjust disposition of an administrative agency can be corrected quickly and simply.

Subject of the application: administrative dispositions under the Road Traffic Act, such as revocation or suspension of a driver's license

Filing deadline:

① Within 90 days from the date of becoming aware of the disposition
② Up to the earlier point, within 180 days from the date of the disposition

*Advantages of administrative adjudication

An advantage of administrative adjudication is that the result can be learned within a much shorter period than in an administrative lawsuit.

After filing for an administrative adjudication, the result can be learned within 60 days at the earliest and within 90 days at the latest.

If you wish to object to the result of an administrative appeal, you may file an administrative litigation.

A point to note is that an administrative appeal must necessarily be gone through before administrative litigation.

If this is violated, the litigation is rejected.

When an administrative appeal has been gone through, the litigation must be filed within 90 days from the date one became aware that the disposition existed.

It cannot be filed once 1 year has passed from the date the disposition existed, so this point must be kept in mind.