Key Points
- Habitual use, possession and similar conduct is aggravated by up to one half of the sentence (Articles 60(2) and 61(2)); a violation of Article 59 carries imprisonment for a fixed term of at least 3 years, and a violation of Article 58 death, imprisonment of at least 10 years or life imprisonment.
- Committing another crime within 3 years after completing a sentence of imprisonment without labor or heavier is treated as repeat offending, doubling the upper limit of the penalty (Article 35 of the Criminal Act).
- In drug use cases, the court can order a pre-sentence investigation to check the defendant's degree of addiction and risk of reoffending (Article 40-3).
- DAEON Law Firm obtained a suspended sentence (officially “suspension of execution of sentence”) in a psychotropic substance use and alteration of a private document case involving a prior conviction of the same type, by demonstrating the course of treatment and a plan to prevent relapse.
Aggravating grounds for reoffending
- Habitual · Violations of Articles 60 and 61 are aggravated by up to one half of the sentence (Articles 60(2) and 61(2)); a violation of Article 59 becomes imprisonment for a fixed term of at least 3 years (Article 59(2)); and a violation of Article 58, when for profit or habitual, imprisonment of at least 10 years, life imprisonment or death (Article 58(2)).
- Repeat offending · If a new crime is committed within 3 years after the execution of a sentence of imprisonment without labor or heavier was completed or remitted, the maximum statutory penalty can be raised up to twice (Article 35 of the Criminal Act).
| Category | Effect | Legal basis |
|---|---|---|
| Habitual (violation of Articles 60 · 61) | Aggravated by up to one half | Articles 60(2) and 61(2) |
| Habitual (violation of Article 59) | Imprisonment for a fixed term of at least 3 years | Article 59(2) |
| Repeat offending | Up to twice the maximum term | Article 35 of the Criminal Act |
If you were caught again during a suspended sentence
If you use drugs again during a suspended sentence and a prison sentence of imprisonment without labor or heavier becomes final, the earlier suspended sentence loses effect, and you may have to serve the sentences for both cases. So in this situation, the strategy must look ahead not only to the sentence in the new case but also to whether the earlier suspended sentence will be invalidated.
What to prepare for trial
- Addiction diagnosis and treatmentGet a psychiatric diagnosis and keep consistent records of the assessment and treatment and protection at a treatment and protection institution (Article 40), and of inpatient or outpatient treatment.
- Rehabilitation programsSubmit records of counseling and education received at rehabilitation institutions such as the Korean Association Against Drug Abuse, and of attendance at drug-free support groups.
- Changing your surroundingsShow evidence that you have removed the conditions for reoffending, such as cutting off contact with people you used with, changing your phone number, or moving.
- Support from family and communityOrganize a plan for how your family will watch over you, how you will return to work, and how you will undergo regular testing.
At the pre-sentence investigation stage, the court checks for addiction and the likelihood of reoffending (Article 40-3). Records showing that you started treatment early and continued it steadily can make a significant difference in the assessment.
Frequently Asked Questions
If I have a prior drug conviction, will I definitely go to prison?
I used drugs again during my suspended sentence.
What is the procedure for receiving treatment and protection?
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Read more →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
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