Calculators & Self-ChecksProsecution Request Estimator
Refusing a breathalyzer test: statutory penalty and likely requested sentence
The statutory penalty for Refusing a breathalyzer test and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- 1 to 5 years in prison or a fine of KRW 5 million to 20 million (if repeated within 10 years: 1 to 6 years in prison or a fine of KRW 5 million to 30 million)
- Legal basis
- Road Traffic Act, Articles 148-2(2) and 44(2)
- Category
- Traffic · Road Traffic Act
Calculate with your own circumstances
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
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 year or more in prison
Summary fine
- Likely fine
- KRW 5 million or more
The minimum fine is KRW 5 million.
Notes
- Refusing the test is punished as heavily as, or more heavily than, drunk driving with a high reading, even if the actual level was low.
Frequently asked questions
- Refusing a breathalyzer test: what is the statutory penalty?
- Legal basis: Road Traffic Act, Articles 148-2(2) and 44(2). Statutory penalty: 1 to 5 years in prison or a fine of KRW 5 million to 20 million (if repeated within 10 years: 1 to 6 years in prison or a fine of KRW 5 million to 30 million).
- Refusing a breathalyzer test: 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
- Drunk driving (DUI)
- Driving without a license
- Riding a motorized bicycle without a license
- Failing to take action after an accident (property damage)
- Drunk driving accident (injury or death)
- Hit-and-run (fleeing after causing injury)
- Hit-and-run causing death
- Traffic accident causing injury (Act on Special Cases Concerning the Settlement of Traffic Accidents)
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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Send us a message about your situation. A lawyer will review it and reply.
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