CONTENTS
- 1. Punishment for Drunk Driving | Concept
- - Prohibitory Provisions
- 2. Punishment for Drunk Driving | Criminal Punishment
- - Punishment Standards by Blood Alcohol Concentration
- - Aggravated Punishment for Repeat Drunk Driving
- - Punishment When a Drunk Driving Accident Occurs
- 3. Punishment for Drunk Driving | Administrative Disposition
- - Standards for Suspension and Revocation of a Driver's License
- - Restriction on Reacquisition of a Driver's License
- - Conditional License with an Alcohol Interlock Device
- 4. Punishment for Drunk Driving | Response Methods
- - How to Prepare a Settlement and a Petition for Leniency
- - Mitigating Factors
- 5. Punishment for Drunk Driving | Comprehensive Response Strategy
1. Punishment for Drunk Driving | Concept
Punishment for drunk driving refers to holding a person criminally liable for driving while intoxicated.
Drunk driving refers to operating a motor vehicle, a motorized bicycle (including construction machinery), or a similar vehicle on a road while the blood alcohol concentration is at or above a certain threshold.
This is conduct that is clearly prohibited under Article 44, Paragraph 1 of the Road Traffic Act, and a violation is subject to criminal punishment and administrative disposition (suspension or revocation of the license).
Prohibitory Provisions
▶ Blood alcohol concentration level
The "state of intoxication" in which driving is prohibited means a blood alcohol concentration of 0.03% or higher.
This is a level that can be exceeded with only one or two drinks, and a driver should not underestimate the amount consumed.
▶ The police's authority to test for alcohol and the driver's obligations
A police officer may require a driver to undergo a breath test in the following cases.
• When there is substantial reason to believe that the person drove while intoxicated
A driver must comply with this testing requirement, and a driver who refuses without justifiable reason may be subject to the following punishment.
Road Traffic Act Article 148-2
Refusal of a breathalyzer test | Imprisonment for 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 |
▶ Conduct that obstructs the alcohol test is also subject to punishment
It is also prohibited for a person suspected of being intoxicated to engage in the following conduct in order to make the test difficult.
• Taking certain medications that may affect the alcohol concentration
(for example, verapamil hydrochloride, erythromycin, and the like)
2. Punishment for Drunk Driving | Criminal Punishment
The level of criminal punishment for drunk driving varies depending on the blood alcohol concentration, whether an accident occurred, and whether the driver has a prior record, and in the case of repeated violations or personal injury, the conduct is classified as a specific crime subject to aggravated punishment.
Under the Road Traffic Act and the Act on Aggravated Punishment of Specific Crimes, imprisonment and a fine may be imposed concurrently, and given the seriousness of the punishment, the possibility of an actual custodial sentence may exist even for a first-time offender.
Punishment Standards by Blood Alcohol Concentration
A person caught driving under the influence is subject to the following criminal punishment depending on the blood alcohol concentration.
▶ 「Road Traffic Act」 Article 148-2, Paragraph 3
Blood alcohol concentration of 0.2% or higher | Imprisonment 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 and less than 0.2% | Imprisonment 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 and less than 0.08% | Imprisonment for not more than 1 year, or a fine of not more than 5 million won |
Aggravated Punishment for Repeat Drunk Driving
A person who has had a sentence of a fine or heavier confirmed for drunk driving and commits a violation again within 10 years is subject to more severe punishment, as follows.
▶ 「Road Traffic Act」 Article 148-2, Paragraph 1
Blood alcohol concentration of 0.2% or higher | Imprisonment for not less than 2 years and not more than 6 years, or a fine of not less than 10 million won and not more than 30 million won |
Blood alcohol concentration of 0.03% or higher and less than 0.2% | Imprisonment for 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 |
Repeat drunk driving becomes subject to aggravated punishment based not only on the blood alcohol concentration but also on the prior record of drunk driving itself, and unlike a first offense, the probability of an actual custodial sentence is much higher, so an active response is needed.
Punishment When a Drunk Driving Accident Occurs
When a person, while intoxicated, injures another person or causes another person's death, the conduct is punished under the 「Act on Aggravated Punishment of Specific Crimes」 as follows.
▶ 「Act on Aggravated Punishment of Specific Crimes」 Article 5-11, Paragraph 1
Injury caused | Imprisonment for not less than 1 year and not more than 15 years, or a fine of not less than 10 million won and not more than 30 million won |
Death caused | Life imprisonment, or imprisonment for not less than 3 years |
Unlike simple drunk driving, when an accident is involved, the sentence becomes very heavy, and a settlement with the victim's bereaved family and a civil claim for damages may additionally be brought.
3. Punishment for Drunk Driving | Administrative Disposition
In addition to criminal punishment, punishment for drunk driving is accompanied by administrative dispositions in the form of suspension or revocation of the driver's license and restrictions on reacquisition.
The purpose of this is to prevent reoffending and to strengthen traffic safety by restricting the driver's qualification to drive.
Standards for Suspension and Revocation of a Driver's License
▶ Revocation of a driver's license
A driver's license is immediately revoked if any one of the following applies.
• Causing personal injury by causing an accident through drunk driving (blood alcohol concentration of 0.03% or higher)
• Driving under the influence again after having refused an alcohol test
• Driving while unable to drive normally due to the influence of drugs (narcotics, cannabis, psychotropic substances, and the like)
▶ Suspension of a driver's license
In the case of a blood alcohol concentration of 0.03% or higher and less than 0.08%, a license suspension disposition of up to 1 year is imposed, and 100 penalty points are assessed.
Restriction on Reacquisition of a Driver's License
If a person, while under the influence of alcohol or drugs at the time of an accident, injures another person or causes another person's death, violates the duty to take measures, and is sentenced to a fine or heavier, reacquisition is restricted for 5 years from the date the driver's license is revoked.
However, where a sentence lighter than a fine, a suspension of sentencing, a suspension of indictment, or a protective disposition under the Juvenile Act is imposed, reacquisition may exceptionally be permitted.
Conditional License with an Alcohol Interlock Device
If a person's license is revoked again for drunk driving within 5 years from the date of the drunk driving, that person must obtain a conditional driver's license, limited to a vehicle equipped with an "alcohol interlock device," with the approval of the Commissioner of the City or Provincial Police Agency.
▶ Road Traffic Act Article 80-2 (Conditional Driver's License with an Alcohol Interlock Device)
4. Punishment for Drunk Driving | Response Methods
The trial strategy for punishment for drunk driving differs markedly depending on whether the offense is a first offense or a repeat offense.
▶ In the case of a first offense
In the case of simple drunk driving with a low blood alcohol concentration and no accident, the possibility of a fine being imposed is high.
However, mitigating circumstances (occupational necessity, a written statement of reflection, a petition for leniency, and the like) must be sufficiently established before a reduction of sentence or a suspended sentence can be expected.
▶ In the case of a repeat offense
If it is the second time drunk driving has been detected within 10 years, the possibility of an actual custodial sentence increases.
In this case, a history of treatment for alcohol dependence, family livelihood support circumstances, voluntary efforts to abstain from alcohol, and similar factors become important points of pleading.
When an accident is involved, active efforts to reach a settlement with the victim and the payment of medical expenses are also factors that may affect the sentence.
How to Prepare a Settlement and a Petition for Leniency
In the case of a drunk driving accident involving a victim, whether a settlement is reached is central to the determination of the sentence.
In addition to the payment of medical expenses and consolation money, a sincere apology and persuasion of the victim are important.
Even in the case of simple drunk driving, leniency from the court may be sought through petitions from family members, work colleagues, and others.
A petition is more effective when it is prepared by a person directly related to the case, for example, a dependent family member, a workplace supervisor, or a person connected with a community service organization.
The content should be honest and specific, and it should clearly present the reasons for requesting a reduction of sentence.
Mitigating Factors
The Sentencing Commission specifies the following grounds as mitigating factors in drunk driving cases.
• Sincere reflection
• No prior record of criminal punishment
• Cases in which the risk to road traffic posed by the driving is very low
5. Punishment for Drunk Driving | Comprehensive Response Strategy
A drunk driving case goes beyond a simple legal violation, as criminal punishment and administrative disposition are intertwined, and in some cases a civil settlement with the victim must also be considered.
Because this is a matter that can have a significant effect on a person's life, including the sentence, whether the license is revoked, and the period of restriction on reacquisition, professional legal assistance can be important.
This firm provides legal services tailored to the client's situation, based on its experience handling numerous drunk driving cases and its extensive practical know-how.
In addition, depending on the case, the firm supports comprehensive responses to the various legal issues arising from drunk driving through close collaboration with attorneys specializing in civil and administrative matters.
If you are facing difficulties due to the risk of punishment for drunk driving, you may work with a 🔗drunk driving attorneyto help prevent unnecessary criminal punishment and administrative disadvantages.
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