Drunk driving (DUI): what is the statutory penalty?

Legal basis: Road Traffic Act, Articles 148-2(1) and (3) and 44(1). Statutory penalty: Blood alcohol 0.03% or more but under 0.08%: up to 1 year in prison or a fine of up to KRW 5 million / 0.08% or more but under 0.2%: 1 to 2 years in prison or a fine of KRW 5 million to 10 million / 0.2% or more: 2 to 5 years in prison or a fine of KRW 10 million to 20 million. If repeated within 10 years: 1 to 5 years in prison (2 to 6 years for 0.2% or more) or a fine of KRW 5 million to 20 million (KRW 10 million to 30 million for 0.2% or more).

Drunk driving (DUI): how is the case usually handled?

Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Summary fine. Enter your circumstances in the calculator above to see which one applies.

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Drunk driving (DUI): statutory penalty and likely requested sentence

The statutory penalty for Drunk driving (DUI) and the likely handling of the case depending on your circumstances. The results are for reference only.

Statutory penalty: Blood alcohol 0.03% or more but under 0.08%: up to 1 year in prison or a fine of up to KRW 5 million / 0.08% or more but under 0.2%: 1 to 2 years in prison or a fine of KRW 5 million to 10 million / 0.2% or more: 2 to 5 years in prison or a fine of KRW 10 million to 20 million. If repeated within 10 years: 1 to 5 years in prison (2 to 6 years for 0.2% or more) or a fine of KRW 5 million to 20 million (KRW 10 million to 30 million for 0.2% or more)
Legal basis: Road Traffic Act, Articles 148-2(1) and (3) and 44(1)
Category: Traffic · Road Traffic Act

Calculate with your own circumstances

Blood alcohol concentration

The figure written on the test result (e.g. 0.085).

Number of times punished with a fine or heavier for drunk driving or test refusal within the last 10 years

times

When were you last punished?

Never punishedWithin 3 years3 to 5 years ago5 to 10 years ago

Are you currently on a suspended sentence for drunk driving?

NoYes

Were you driving without a license (including while it was revoked or suspended)?

NoYes

Answer all 5 questions and the estimate appears right away. (0/5)

What the handling steps mean

Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service

Handling standards at a glance

Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.

Detention considered
Likely requested sentence
1 year 6 months or more in prison
If you are on a suspended sentence for drunk driving, or were punished several times recently and the reading is high, detention is considered.
Formal trial (prison sentence requested)
Likely requested sentence
1 year 6 months or more in prison
Formal trial (prison sentence requested)
Likely requested sentence
1 year or more in prison
Even at 0.3% or more, a fine is possible if there are circumstances worth considering, such as driving a short distance to park.
Formal trial (prison sentence requested)
Likely requested sentence
1 year 4 months to 2 years 8 months in prison
If you drive drunk again within 10 years, a formal trial is the rule. If there are strong mitigating circumstances, it may end with a fine (KRW 5 million or more).
Formal trial (prison sentence requested)
Likely requested sentence
1 year to 1 year 4 months in prison
If you drive drunk again within 10 years, a formal trial is the rule. If there are strong mitigating circumstances, it may end with a fine (KRW 5 million or more).
Summary fine
Likely fine
KRW 14 million or more
Summary fine
Likely fine
KRW 10 million or more
Summary fine
Likely fine
KRW 7.5 million or more
Summary fine
Likely fine
KRW 5 million or more
Summary fine
Likely fine
KRW 2.5 million or more
Summary fine
Likely fine
KRW 1.5 million or more

Notes

If you caused an accident damaging property, drove recklessly, or repeated it within 5 years, the case is treated one level more heavily.
If someone was injured, see the 'Drunk driving accident (injury or death)' item. Driving without a license is punished separately.
If you drove drunk 4 or more times within the last 5 years, or caused a fatal accident with a prior record, confiscation of the vehicle may be requested.
A person who rode along and encouraged the drunk driver or handed over the car keys may also be punished as an accessory.
Personal mobility devices such as electric scooters are covered by separate rules, not this penalty provision.

Frequently asked questions

Drunk driving (DUI): what is the statutory penalty?: Legal basis: Road Traffic Act, Articles 148-2(1) and (3) and 44(1). Statutory penalty: Blood alcohol 0.03% or more but under 0.08%: up to 1 year in prison or a fine of up to KRW 5 million / 0.08% or more but under 0.2%: 1 to 2 years in prison or a fine of KRW 5 million to 10 million / 0.2% or more: 2 to 5 years in prison or a fine of KRW 10 million to 20 million. If repeated within 10 years: 1 to 5 years in prison (2 to 6 years for 0.2% or more) or a fine of KRW 5 million to 20 million (KRW 10 million to 30 million for 0.2% or more).
Drunk driving (DUI): how is the case usually handled?: Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Summary fine. Enter your circumstances in the calculator above to see which one applies.

Other crimes in the same category

See the full list of crimes

This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.

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