2026년 04월 07일 법률칼럼 Criminal

Drug-Impaired Driving in Korea: Up to 5 Years in Prison and KRW 20 Million Fine

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1. What Constitutes Drug-Impaired Driving?

Under Korean law, drug-impaired driving is not penalized simply for taking medication.

The key issue is whether the driver’s ability was impaired at the time of driving.

Relevant substances include not only illegal drugs but also commonly prescribed medications such as:

Sleeping pills (e.g., zolpidem)
Anesthetics (e.g., propofol)
Certain psychiatric or cold medications

Authorities focus on actual driving behavior—lane deviation, delayed reactions, or abnormal driving patterns can lead to criminal charges.

2. Increased Penalties as of 2026

Recent amendments to Korean traffic laws significantly increased penalties.

Basic offense
→ Up to 5 years imprisonment or a fine up to KRW 20 million
If an accident occurs
→ Injury: 1 to 15 years imprisonment
→ Death: Minimum 3 years or life imprisonment

In serious cases, drug-impaired driving may be treated similarly to dangerous driving causing injury or death, resulting in severe sentencing.

3. Refusal to Test or Prescription Drugs Are Not Safe Defenses

Police may request saliva or blood tests during enforcement.

Refusal without valid reason results in the same level of punishment.

Test refusal → Up to 5 years imprisonment or KRW 20 million fine

Importantly, having a prescription does not exempt liability.

The legal standard is impairment, not legality of the drug.

Key factors include:

Type of substance
Dosage and timing
Actual driving condition
Medical advice regarding driving

4. Early Legal Strategy Is Critical

Drug-impaired driving cases require more than simple admission or denial.

The outcome largely depends on how the facts are structured and presented.

At Decent Law Firm, we provide:

Detailed analysis of medication history and medical records
Pre-investigation statement strategy
Sentencing mitigation and settlement planning
Medical opinions and supporting evidence

Early intervention can significantly impact the final outcome.

5. Legal Consultation

If you are under investigation for drug-impaired driving in Korea, it is essential to establish a clear legal strategy from the outset.

Decent Law Firm offers specialized criminal defense with a combined medical and legal approach.