DUI Fines in Korea: The Moment You Think ‘It Should Be Fine’ Is the Riskiest

How Are DUI Fines Determined by Law?

Under Article 148-2 of the Road Traffic Act, DUI fines are calculated in proportion to the driver's blood alcohol concentration (BAC).

First Offense	BAC	Statutory Penalty
	0.2% or higher	Imprisonment of 2 to 5 years, or a fine of 10 million to 20 million KRW
	0.08% to under 0.2%	Imprisonment of 1 to 2 years, or a fine of 5 million to 10 million KRW
	0.03% to under 0.08%	Imprisonment of up to 1 year, or a fine of up to 5 million KRW
	Refusal of a breathalyzer test	Imprisonment of 1 to 5 years, or a fine of 5 million to 20 million KRW

Repeat Offense	BAC	Statutory Penalty
	0.2% or higher	Imprisonment of 2 to 6 years, or a fine of 10 million to 30 million KRW
	0.03% to under 0.2%	Imprisonment of 1 to 5 years, or a fine of 5 million to 20 million KRW
	Refusal of a breathalyzer test	Imprisonment of 1 to 6 years, or a fine of 5 million to 30 million KRW

Because a difference of just a fraction of a percentage point in BAC can shift the entire sentencing range, confirming the exact number and responding early are essential.

From Arrest to Punishment: What Is the Process?

When someone is caught driving under the influence, the case typically proceeds through the following steps.

On-site enforcement - BAC is measured with a breathalyzer
Case filing and investigation - Police examine the circumstances of the driving and any prior record
Referral to the prosecution - The case file is forwarded to the prosecutor's office
Summary or formal indictment - The procedure branches depending on whether an accident occurred and whether it is a repeat offense
Trial and sentencing - A summary order results in a fine; a formal trial can lead to actual imprisonment

Because the initial statement and supporting materials prepared at this stage have a decisive impact on the final fine amount and whether prison time is imposed, getting legal help immediately after being caught is essential.

A Real Case: How a DUI Fine Case Played Out

[Case We Handled]

Mr. B, a man in his 40s, was caught with a BAC of 0.09% and faced the risk of being referred to a formal trial.

Even though it was his first offense and no accident had occurred, Mr. B was alarmed to learn he could still face a formal trial. From the early stage of the investigation, he worked with counsel to systematically prepare favorable materials, including an explanation of the circumstances of his driving and a pledge against reoffending.

Thanks to this prompt response, the case was resolved through a summary order instead of a formal indictment, ending in a DUI fine rather than a trial.

This shows how much the outcome of a DUI fine case can change depending on how early and how well the response is prepared.

Why You Should Work With Decent Law

DUI fine cases require professional handling in the following areas.

Accurate interpretation of BAC test results
Preparing supporting materials and statements of reflection to help secure a summary order
Building a long-term defense strategy that also accounts for the risk of enhanced punishment for repeat offenses

Decent Law draws on extensive experience handling DUI cases to closely analyze each client's situation and build a systematic defense strategy from the early investigation stage through trial.

We stay with our clients from start to finish, so that no one is left at a disadvantage while shaken by an unexpected DUI fine and criminal record.

DUI fine cases are a textbook example of matters that become harder to handle as time passes.

If you have already been investigated or are facing an upcoming summons, we recommend consulting an attorney experienced in criminal cases rather than making decisions on your own.

Decent Law Office is always ready to provide prompt, accurate legal advice to help you find the best path forward for your situation.