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As public concern over drunk driving continues to grow in Korea, law enforcement agencies are applying DUI laws and enforcement standards more strictly.

Many foreign residents and visitors are aware that blood alcohol concentration, or BAC, is the primary factor in a DUI case. However, statements made at the scene, the driver’s conduct during testing, and the circumstances surrounding the driving may also be reviewed during the investigation and court proceedings.

This article explains the penalties for drunk driving under Korean law and the legal significance of how a driver responds during and immediately after a traffic stop.
 

DUI Penalties Under Korean Law

Article 148-2 of the Korean Road Traffic Act sets different criminal penalties depending on the driver’s BAC level.
 

Source: Article 148-2 of the Korean Road Traffic Act

These are the general statutory ranges. A person who commits another DUI-related offense within 10 years after a previous DUI, test-refusal, or test-interference conviction may be subject to aggravated penalties.

Administrative sanctions may also be imposed separately from criminal penalties. A BAC of 0.03% to less than 0.08% generally results in a driver’s license suspension, while a BAC of 0.08% or higher generally results in license revocation.

License revocation may also apply where drunk driving causes bodily injury or death. The precise administrative measure may vary depending on the circumstances and the standards prescribed by the Enforcement Rule of the Road Traffic Act.
 

How Korean Courts Assess BAC and Conduct at the Scene

Where there is a time gap between the driving and the BAC test, the Supreme Court of Korea has held that the driver’s BAC at the time of driving must be assessed by considering the surrounding circumstances as a whole.
 

“The determination must be made reasonably, in accordance with logic and common experience, by comprehensively considering factors established by the evidence, including the time interval between driving and testing, the difference between the measured blood alcohol concentration and the statutory threshold, the duration and amount of drinking, the driver’s conduct at the time of the traffic stop and testing, and, where a traffic accident occurred, the circumstances surrounding the accident.”

— Supreme Court of Korea, Decision 2013Do6285, October 24, 2013

This means that the measured BAC is not always considered in isolation. The driver’s behavior, statements, drinking history, timing of the test, and any accident-related circumstances may also be taken into account.

Statements made at the scene may therefore become evidence regarding how and why the person drove. An explanation intended to minimize the incident may later be interpreted as an admission that the person knowingly chose to drive after drinking.
 

Key Legal Issues After a DUI Traffic Stop

▪️Statements Made at the Scene

A written or verbal statement may be used to establish the driving circumstances, distance traveled, reason for driving, and the driver’s awareness of the situation.

Expressions such as “I only drove a short distance” or “I was just moving the car” may not necessarily reduce liability. Depending on the context, they may instead confirm that the person voluntarily operated the vehicle after drinking.

▪️Legality of the Testing Procedure

The time of testing, the method used, whether a second test was requested or conducted, and whether the applicable procedures were followed may require legal review.

A procedural issue does not automatically invalidate a BAC result, but the accuracy and admissibility of the evidence should be assessed based on the specific facts.

▪️Involvement in a Traffic Accident

The consequences may differ significantly depending on whether the incident involved only property damage, bodily injury, or death.

An accident may lead to additional criminal charges, increased sentencing exposure, and more severe administrative penalties.

▪️Refusal to Submit to Testing

Refusing a lawful breath test without a valid reason does not generally provide a legal advantage. Under Article 148-2 of the Road Traffic Act, refusal may result in imprisonment for 1 to 5 years or a fine of KRW 5 million to KRW 20 million.

A driver should therefore avoid making an impulsive decision to refuse testing and should seek legal advice regarding any procedural concerns.
 

Why Legal Advice May Still Matter After Testing

Some drivers assume that there is no reason to contact a lawyer once a BAC test has already been completed.

The BAC result is a central piece of evidence, but the case does not end with the test. Statements concerning the driving distance, reason for driving, drinking timeline, accident circumstances, and post-incident conduct may affect the investigation, charging decision, sentencing, and administrative proceedings.

Early legal review can help clarify what evidence has already been created, identify procedural issues, prepare for questioning, and organize relevant sentencing materials.
 

24/7 DUI Response by Decent Law Firm’s Criminal Defense Team

Decent Law Firm’s Criminal Defense Team assists clients from the initial traffic stop and police investigation through criminal proceedings and sentencing preparation.

Our team provides 24-hour consultations and, where necessary, on-site assistance for urgent criminal matters. We also assist foreign clients in understanding Korean investigative procedures and preparing for police questioning.

Those currently at a DUI checkpoint or scheduled for questioning should obtain legal advice before making additional statements or submitting further documents.

This content is provided for general informational purposes only and does not constitute legal advice for any individual case.