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What Is Assault While Intoxicated?

Assault while intoxicated refers to using physical force against another person while under the influence of alcohol. Under Korean law, this can constitute assault (Article 260 of the Criminal Act) or, if an injury results, bodily harm (Article 257).

Many people misunderstand one key point here.

"I don't remember because I was drunk" — this does not automatically establish diminished capacity.

In fact, when violence is committed while intoxicated, the sentence reduction for diminished capacity due to alcohol may be excluded entirely.

Article 10(3) of the Criminal Act provides that the provisions on reduced responsibility for a person of unsound mind or diminished capacity do not apply to a person who, foreseeing the risk, voluntarily brought about that mental state.

Courts have consistently held that a defendant who could have foreseen the risk of committing a crime such as assault after drinking, yet chose to drink anyway, is not entitled to a sentence reduction for diminished capacity.

In short, assault while intoxicated is not merely a matter of being drunk — it is treated as a clear criminal offense, and this must be firmly understood.

How Do the Investigation and Trial Process Work?

The general process for an assault-while-intoxicated case is as follows.

• Report and Police Response – Police secure witness statements, CCTV footage, and a medical certificate documenting the injury.
• Suspect Interview – Investigators examine whether the suspect was intoxicated, the circumstances of the assault, and whether there was intent.
• Referral to the Prosecution – Depending on the severity, the case may result in a fine, deferred prosecution, summary indictment, or formal indictment.
• Criminal Mediation or Settlement – Whether a settlement is reached with the victim significantly affects the final disposition.
• Sentencing – Factors such as whether it is a first offense, the defendant's attitude of remorse, and whether a settlement was reached are reflected in sentencing.

What people facing an assault-while-intoxicated allegation need to understand first is that the final outcome can vary greatly depending on how they respond in the early stages.

※ Assault under Article 260 of the Criminal Act is a semi-victim-complaint offense — prosecution cannot proceed against the victim's explicit wishes.

Therefore, if the victim states that they do not wish to see the offender punished, prosecution either cannot be initiated or, if already filed, will be dismissed.

By contrast, bodily harm under Article 257, which applies when an injury results, is not a semi-victim-complaint offense. Even if the victim and the defendant reach a settlement, this cannot block prosecution — it can only affect the outcome of sentencing.

A Real Case We Successfully Handled

Mr. A, an office worker in his twenties, got into an argument at a company dinner and ended up pushing a coworker and striking him.

The next day, once sober, Mr. A was shocked by his own actions — but by then, the other party had already submitted a medical certificate, and Mr. A had received notice to appear for a police interview.

As a first-time offender who had otherwise been a diligent employee, Mr. A came to Decent Law Firm out of fear of gaining a criminal record.

From the very beginning of the case, Decent worked with Mr. A to design a response strategy.

• Prepared Mr. A in advance for the police interview by anticipating likely questions and preparing appropriate answers, preventing him from making statements that could work against him.
• Promptly reached out to the victim and, through a sincere apology, negotiated an amicable settlement.
• Submitted a statement of opinion and sentencing materials emphasizing that this was a first offense, that the incident was impulsive, and that Mr. A was deeply remorseful.

As a result, despite being an assault-while-intoxicated case, Mr. A received a non-prosecution disposition and resolved the matter without a criminal record.

As Mr. A's case shows, even someone who commits assault while intoxicated in a moment of poor judgment can avoid the worst outcome — a criminal record — with the right response from the very start.

(This case has been adapted to protect client confidentiality. Actual outcomes may vary depending on the specific facts and evidence of each case.)

Why Do You Need a Lawyer's Help From the Early Stages?

In assault-while-intoxicated cases, the initial response determines the outcome. A defense lawyer plays the following roles:

• Pursuing a prompt and appropriate settlement with the victim
• Making an accurate legal determination on whether diminished capacity applies, and responding accordingly
• Building a leniency strategy through materials such as first-offense status, letters of remorse, and sentencing materials
• Preventing disadvantage caused by unnecessary statements

At Decent Law Firm, our criminal defense attorneys handle numerous assault-while-intoxicated cases directly, designing the optimal response strategy tailored to each client's situation.

Our goal goes beyond simply avoiding punishment — we aim to help our clients return to their everyday lives.

Why You Should Get Legal Advice Right Now

If you are facing an upcoming investigation for assault while intoxicated, or if an investigation is already underway, your options narrow as time passes.

Get an accurate assessment of your situation from Decent Law Firm's criminal defense attorneys, and let us help you chart a better path forward together.

Don't struggle with this alone.

Take the first, most reliable step by consulting with us today.