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DUI Penalties – More Serious Than You Think

Driving under the influence (DUI) is classified as a violation of the Road Traffic Act.
 

Under Article 148-2(3) of the Road Traffic Act, statutory penalties vary depending on blood alcohol concentration (BAC).
 

▷ First offense
 

• BAC between 0.03% and 0.08%:
  Up to 1 year of imprisonment or a fine of up to KRW 5 million
   

• BAC between 0.08% and 0.2%:
  1 to 2 years of imprisonment or a fine between KRW 5 million and KRW 10 million
   

• BAC of 0.2% or higher:
  2 to 5 years of imprisonment or a fine between KRW 10 million and KRW 20 million
   

▷ Repeat offense (reoffending within 10 years from the date a prior fine or heavier sentence became final)
 

• BAC between 0.03% and 0.2%:
  1 to 5 years of imprisonment or a fine between KRW 5 million and KRW 20 million
   

• BAC of 0.2% or higher:
  2 to 6 years of imprisonment or a fine between KRW 10 million and KRW 30 million
   

▷ Refusal to take a breathalyzer test
 

• 1 to 5 years of imprisonment or a fine between KRW 5 million and KRW 20 million
   

In repeat cases, statutory penalties increase, and the likelihood of actual imprisonment rises significantly.
 

DUI is not merely a minor administrative issue. It can result in a criminal record, license revocation, employment restrictions, and long-term disadvantages.
 

What Is a DUI Non-Indictment (Prosecutorial Suspension)?

A non-indictment decision (commonly referred to as “prosecutorial suspension”) means that although criminal suspicion is recognized, the prosecutor decides not to bring formal charges after considering various circumstances (Article 247 of the Criminal Procedure Act).
 

Because the case is not referred to trial, no criminal sentence is imposed.
 

However, investigative records remain, and it is distinct from a full acquittal or dismissal due to lack of suspicion.
 

Importantly, even if a person receives a non-indictment decision, a subsequent DUI within 10 years may still be treated as a repeat offense subject to enhanced punishment.
 

Therefore, a prior non-indictment can function as a prior record for aggravation purposes in future cases.
 

When deciding on non-indictment, prosecutors generally consider:
 

• Whether it is a first offense

• The BAC level

• Whether an accident occurred

• Existence of victims and settlement status

• A sincere attitude of remorse

• Impact on occupation and livelihood

However, meeting these factors does not guarantee non-indictment. The decision ultimately lies within prosecutorial discretion.
 

Given the recent trend toward stricter DUI enforcement, cases involving BAC of 0.08% or higher or accidents may face difficulty obtaining non-indictment.
 

Non-Indictment Does Not Happen Automatically

There is a common misconception that “first offenses automatically result in non-indictment.”
 

In reality, leniency is not guaranteed simply because it is the first detection.
 

Consistency in early statements, the specificity of apology letters and petitions, completion of educational programs, preventive plans, and objective documentation of occupational disadvantages must be systematically prepared.
 

Particularly in cases involving high BAC levels, traffic accidents, or unfavorable circumstances during enforcement, cautious and strategic response is essential.
 

Statements and strategy during the initial investigation stage may significantly influence the final disposition.
 

Under Article 12 of the Constitution, a suspect has the right to assistance of counsel during criminal investigations.
 

It is advisable to receive legal assistance from the investigation stage to ensure proper response.
 

How Decent Law Firm Assists

The Criminal Defense Team at Decent Law Firm designs strategies centered on maximizing the possibility of non-indictment, including:
 

• Reviewing the legality of the traffic stop and enforcement procedures

• Conducting precise legal analysis of BAC results

• Structuring favorable sentencing factors

• Systematically preparing materials to demonstrate prevention of reoffending

• Objectively explaining occupational and livelihood impact

• Organizing persuasive legal arguments for non-indictment

Non-indictment in DUI cases is not a matter of luck—it is a matter of strategy.
 

Criminal liability arising from DUI goes beyond fines. It may affect one’s criminal record, social reputation, and professional career.
 

Its weight should never be underestimated.
 

If you are considering the possibility of non-indictment, a precise strategy must be established from the earliest stage of investigation.
 

That decision becomes the starting point for changing the outcome.