Penalties for Drunk Driving and Key Points to Remember

drunk driving, relief from drunk driving — About the punishment for drunk driving

1. Points to remember during a police investigation for drunk driving

If you are caught at a DUI checkpoint or reported by another person, a procedure to measure your blood alcohol concentration is carried out on the spot, and the key point here is that you must not refuse the on-site breath test. You also must not deliberately interfere with the measurement. If you fail to properly comply with the police's request during this process, you may face aggravated punishment for obstruction of official duties in addition to the drunk driving charge. Later, when you appear before the police for questioning, you must not misstate your account due to the pressure and stress. Because the statements you make during the police investigation greatly affect how the case proceeds and the trial, it is also important to give a cooperative and proactive account.

2. The severity of criminal punishment for drunk driving

When caught for drunk driving, if your blood alcohol concentration reaches the minimum threshold of 0.03%, you may face up to 1 year of imprisonment or a criminal fine of up to KRW 5 million. A blood alcohol concentration of 0.08% or higher but below 0.2% may result in 1 to 2 years of imprisonment or a criminal fine of KRW 5 million to 10 million, while 0.2% or higher may result in 2 to 5 years of imprisonment or a criminal fine of KRW 10 million to 20 million. In addition, if you are caught drunk driving twice or more, the penalty is 2 to 5 years of imprisonment or a criminal fine of KRW 10 million to 20 million; death caused by drunk driving carries 3 years or more of fixed-term imprisonment up to life imprisonment, and injury caused by drunk driving carries 1 to 15 years of imprisonment or a criminal fine of KRW 10 million to 30 million.

In the past, the punishment for drunk driving was relatively light, but because drunk driving is such a serious matter that it has even been called ‘a killer on the road,’ the severity of the penalties for drunk driving has increased in recent years.

3. Drunk driving and failure to take measures after an accident

A case of failure to take measures after a drunk driving accident combines two significant issues: drunk driving and failure to take measures after an accident. As with other criminal matters, a proactive response is important. Even simple drunk driving is treated sensitively under the law, and failure to take measures after a drunk driving accident inevitably draws even more severe punishment. If an accident occurs and the victim is injured but you flee without taking any action, you may face 1 year or more of imprisonment or a criminal fine of KRW 3 million to 5 million. If the victim dies, you may be sentenced to 5 years or more of imprisonment or life imprisonment. Furthermore, if you abandon the victim in another location and flee, you may face 3 years or more of imprisonment in the case of injury, and even more severe punishment if it results in death.
Therefore, if an accident occurs, you must promptly provide the victim with your personal information and take aid and follow-up measures.

In addition, being caught for drunk driving twice or more, causing a drunk driving accident and fleeing, driving under the influence during a suspended sentence (probation) period, or driving under the influence without a license are all regarded as even more serious matters than ordinary drunk driving.

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