In DUI and traffic accident cases, criminal penalties and license sanctions must be handled together

DUI & Traffic Accidents Matters We Handle

1. Drunk Driving — The penalty depends on BAC and whether it is a repeat offenseDriving with a BAC of 0.03% or more is punishable as drunk driving. Under current law, a BAC of 0.2% or more is punishable by imprisonment for 2 to 5 years or a fine of KRW 10 million to KRW 20 million, and a repeat violation within 10 years from the date a fine or heavier sentence became final triggers the heavier repeat-offense provision. The timing and reading of the test, and even the fact of driving itself, are sometimes disputed.Review of the BAC testing method and timing · Review of back-calculation using the Widmark formula · Whether it counts as a repeat offense and calculating the 10-year period · Responding to license revocation or suspension · Preparing sentencing materials
2. Refusing or Obstructing a Breath Test — Refusing or obstructing the test is punished separatelyA person whom there is reasonable cause to believe is intoxicated and who refuses a police officer's test is punishable by imprisonment for 1 to 5 years or a fine of KRW 5 million to KRW 20 million. Obstructing the test, such as drinking more alcohol after driving to make testing difficult, carries the same penalty.Review of the legality of the test demand · Confirming whether a chance to be tested right after driving was given · Confirming whether a blood test was requested · Organizing the circumstances of the refusal · Responding to license revocation
3. DUI Accidents and Dangerous Driving Causing Injury or Death — Cases of injuring or killing someone while driving under the influenceInjuring a person while unable to drive normally due to alcohol or drugs is punishable by imprisonment for 1 to 15 years or a fine of KRW 10 million to KRW 30 million, and causing death by life imprisonment or imprisonment for at least 3 years (Article 5-11 of the Specific Crimes Aggravated Punishment Act). The key issue is whether the driver was actually unable to drive normally.Disputing whether the driver was unable to drive normally · Analysis of the cause of the accident and causation · Settlement with the victim and court deposit · Responding to the detention warrant hearing · Preparing sentencing materials for a suspended sentence (officially “suspension of execution of sentence”)
4. Failure to Take Measures After an Accident (Hit-and-Run) and Fleeing After Injury — Whether the driver knew of the accident and gave aid are the issuesLeaving the scene of a traffic accident without giving aid is punishable under Article 148 of the Road Traffic Act by imprisonment for up to 5 years or a fine of up to KRW 15 million. If the driver injures someone and flees, Article 5-3 of the Specific Crimes Aggravated Punishment Act applies, and the penalty is increased to imprisonment for a fixed term of at least 1 year or a fine of KRW 5 million to KRW 30 million for injury, and life imprisonment or imprisonment for at least 5 years for death.Assessing whether the driver knew of the accident · Securing dashcam and CCTV footage · Confirming whether aid was given and contact details provided · Extent of injury and settlement progress · Disputing intent to flee
5. Negligent Traffic Accidents — Criminal liability, civil damages and insurance handled togetherA driver who injures a person through occupational negligence may be punished by imprisonment without labor for up to 5 years or a fine of up to KRW 20 million (Article 3(1) of the Traffic Accident Settlement Act). If the driver has comprehensive insurance and none of the gross negligence grounds applies, charges cannot be filed, but there are exceptions such as serious injury.Analysis of how the accident happened and fault ratio · Review of dashcam and on-site records · Dealing with the insurer · Settlement with the victim · Responding to the criminal procedure
6. The 12 Types of Gross Negligence and Unlicensed Driving — Types that can be prosecuted even with insuranceCharges may be filed regardless of the victim's expressed wishes or insurance coverage for running a red light, crossing the center line, exceeding the speed limit by more than 20 km/h, failing to protect pedestrians at a crosswalk, unlicensed driving, drunk driving, and violating the duty of safe driving in a children's protection zone, among others (proviso to Article 3(2) of the Traffic Accident Settlement Act). Unlicensed driving is punishable by imprisonment for up to 1 year or a fine of up to KRW 3 million (Article 152 of the Road Traffic Act).Review of whether a gross negligence type applies · Securing objective data on signals, speed, etc. · Responding to accidents in children's protection zones · Settlement with the victim and a statement that the victim does not want punishment · Responding to administrative license sanctions

1. Statutory Penalties for Drunk Driving

The standard for being intoxicated is a BAC of 0.03% or more (Article 44(4) of the Road Traffic Act). A person who drives a motor vehicle or similar vehicle in that state is punished under Article 148-2(3) as follows.

Repeat-offense aggravation · If a person drives drunk again within 10 years from the date a fine or heavier sentence for drunk driving, test refusal or test obstruction became final (including a person whose sentence has been expunged), Article 148-2(1) applies. For a BAC of 0.2% or more, the penalty is imprisonment for 2 to 6 years or a fine of KRW 10 million to KRW 30 million; for 0.03% or more but less than 0.2%, imprisonment for 1 to 5 years or a fine of KRW 5 million to KRW 20 million; and for repeat test refusal or obstruction, imprisonment for 1 to 6 years or a fine of KRW 5 million to KRW 30 million.

Test refusal and obstruction · Under Article 148-2(2), the penalty is imprisonment for 1 to 5 years or a fine of KRW 5 million to KRW 20 million. A driver who disputes the test result may be retested by blood sample or similar method with his or her consent (Article 44(3)).

Driving while there is a risk of being unable to drive normally due to drugs is punishable under Article 148-2(5) by imprisonment for up to 5 years or a fine of up to KRW 20 million.

2. Traffic Accidents and Aggravated Punishment

If an accident also occurs, the following provisions apply in addition to the Road Traffic Act violation.

Dangerous driving causing injury or death requires not merely that the BAC exceeded the legal threshold but that the driver was actually unable to drive normally due to alcohol. So if the reading was low or there are circumstances showing normal driving, there is room to dispute it. The fleeing provisions apply where the driver knew of the accident and left without taking the necessary measures.

3. The Traffic Accident Settlement Act and the 12 Types of Gross Negligence

For a driver who commits bodily injury by occupational or gross negligence in the course of operating a vehicle, charges in principle cannot be filed against the victim's expressed wishes (main text of Article 3(2) of the Traffic Accident Settlement Act). In addition, if the driver is covered by insurance or a mutual aid scheme, charges in principle cannot be filed (Article 4(1)). The following are exceptions.

• The driver fled without aiding the victim, or abandoned the victim and fled; or refused a breath test demand or obstructed testing
• Violating a signal or instruction; crossing the center line or violating crossing, U-turn or reversing rules; exceeding the speed limit by more than 20 km/h; violating passing or cutting-in rules; violating rules for crossing railroad crossings; failing to protect pedestrians at a crosswalk; unlicensed driving; driving under the influence of alcohol or drugs; driving onto a sidewalk; violating the duty to prevent passengers from falling; injuring a child by violating the duty of safe driving in a children's protection zone; and violating measures to prevent cargo from falling (items of the proviso to Article 3(2), the so-called 12 types of gross negligence)
• The victim suffered a danger to life, became disabled, or developed an incurable or hard-to-cure disease (Article 4(1)2)

Other ordinary negligence accidents are often closed with no right of prosecution, depending on comprehensive insurance coverage and settlement with the victim.

4. Administrative Sanctions on the Driver's License

Separately from criminal punishment, the commissioner of the provincial police agency revokes or suspends the license (Article 93 of the Road Traffic Act). The standards for sanctions are set in Annex 28 of the Enforcement Rule of the Road Traffic Act.

Under Article 82(2), the disqualification period is 2 years for a traffic accident while drunk, 2 years for drunk driving two or more times, 5 years for causing death while drunk driving, and 4 to 5 years for failing to give aid or report after causing death or injury. A person whose license was revoked for repeat drunk driving may drive only with a conditional license requiring an ignition interlock device (Article 80-2).

Where driving is needed for one's livelihood or similar reasons, a person may file an objection within 60 days from the date of the sanction to request a reduction. However, reduction is excluded for driving with a BAC over 0.1%, accidents causing personal injury, test refusal, or a prior drunk driving record (item (f) of the general standards of Annex 28). The sanction may also be challenged through an administrative appeal or administrative lawsuit.

5. Investigation and Trial Procedures and Practical Issues

• Investigation stage · After a DUI checkpoint stop or accident report, a judicial police officer investigates and either refers the case to the prosecutor or issues a non-referral (the police decide not to send the case to a prosecutor). If the case is referred, the prosecutor decides whether to indict (Article 245-5 of the Criminal Procedure Act). Simple drunk driving is sometimes handled by summary indictment (a fine-only charge decided on documents) with a fine, but a repeat offense or accident makes a formal trial more likely.
• Testing · A driver who disputes the breath test result may have blood drawn with consent. If the reading was not taken right after driving, it is back-calculated using the Widmark formula, which involves many variables and leaves room for dispute.
• Fact of driving · In situations such as no designated driver being available, moving a parked car, or drinking more after an accident, the time of driving and whether there was additional drinking are at issue.
• Settlement with the victim · In cases with personal injury, settlement and a court deposit affect sentencing and whether the driver is detained.
• Sentencing · Factors include whether it is a repeat offense, the BAC, the severity of the accident, remorse, and efforts to prevent recurrence (alcohol treatment, disposal of the vehicle, etc.).

Key Court Decisions

Supreme Court Decision 2017Do15519, decided January 25, 2018

The Court held that death and injury due to dangerous driving due to alcohol is established only when, regardless of whether the BAC exceeded the legal threshold, the driver was actually unable to drive normally due to alcohol and there was a causal link between that state and the result.

Supreme Court Decision 2022Do1401, decided June 16, 2022

The Court held that at a crosswalk without a traffic signal, a driver has a duty to slow down and pay attention to pedestrians if any are present, and that if an accident occurred because the driver failed to exercise care against ordinarily foreseeable situations, a substantial causal link between the breach of the occupational duty of care and the accident may be recognized (a fleeing-after-injury case).

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Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026