Key Points
- The line for drunk driving (officially “driving while intoxicated”) is a BAC of 0.03%, and the line for license revocation is 0.08%.
- For a first offense, 0.03% to under 0.08% carries up to 1 year in prison or a fine of up to KRW 5 million; 0.08% to under 0.2% carries 1 to 2 years in prison or a fine of KRW 5 million to 10 million; and 0.2% or higher carries 2 to 5 years in prison or a fine of KRW 10 million to 20 million.
- If you violate again within 10 years after a fine or heavier sentence became final, the penalty rises to 1 to 5 years in prison, and to 2 to 6 years if 0.2% or higher.
- The period during which you cannot obtain a new license is 1 year for a first revocation, 2 years for two or more violations or a DUI accident, and 5 years for a fatal DUI accident or fleeing after drinking.
1. First offense: the reading determines the penalty
For a first offense, Article 148-2(3) of the Road Traffic Act sets penalties by BAC band. The specific sentence within each band is decided at trial.
| BAC band | Prison | Fine | License action |
|---|---|---|---|
| 0.03% to under 0.08% | Up to 1 year | Up to KRW 5 million | Suspension (100 penalty points) |
| 0.08% to under 0.2% | 1 to 2 years | KRW 5 million to 10 million | Revocation |
| 0.2% or higher | 2 to 5 years | KRW 10 million to 20 million | Revocation |
2. Refusing or obstructing the test
Article 148-2(2) punishes refusing and obstructing the test with equal weight. In both cases the license is revoked.
| Act | Prison | Fine |
|---|---|---|
| Refusing a breath test | 1 to 5 years | KRW 5 million to 20 million |
| Obstructing a test (post-driving drinking, in force from June 4, 2025) | 1 to 5 years | KRW 5 million to 20 million |
3. Caught again within 10 years
If you commit the same violation before 10 years have passed since a fine or heavier sentence became final for drunk driving or for refusing or obstructing a test, you are punished more heavily, as shown below. This also applies where the earlier sentence has been expunged, but not where you were riding a personal mobility device such as an electric kick scooter.
| Current violation | Prison | Fine |
|---|---|---|
| Refusing or obstructing a test | 1 to 6 years | KRW 5 million to 30 million |
| Reading of 0.2% or higher | 2 to 6 years | KRW 10 million to 30 million |
| Reading of 0.03% to under 0.2% | 1 to 5 years | KRW 5 million to 20 million |
4. When an accident is added
If you cause an accident, a penalty for the accident is added separately to the DUI penalty.
| Situation | Provision | Penalty |
|---|---|---|
| Negligently injuring someone | Article 3 of the Act on Special Cases Concerning the Settlement of Traffic Accidents (the “Traffic Accident Settlement Act”, 교통사고처리법) | Up to 5 years of imprisonment without labor or a fine of up to KRW 20 million (punishable even with insurance) |
| Injury while unable to drive normally | Article 5-11 of the Act on the Aggravated Punishment of Specific Crimes (the “Specific Crimes Aggravated Punishment Act”, 특정범죄가중법) | 1 to 15 years in prison or a fine of KRW 10 million to 30 million |
| Death while unable to drive normally | Article 5-11 of the Specific Crimes Aggravated Punishment Act | Life imprisonment or at least 3 years in prison |
5. Periods during which you cannot obtain a new license
For a certain period from the date of revocation, you cannot obtain a new license. For alcohol-related cases, Article 82(2) of the Road Traffic Act provides as follows.
- 1 year · First revocation for drunk driving
- 2 years · Two or more violations of drunk driving, test refusal, or test obstruction
- 2 years · Causing a traffic accident while driving drunk
- 5 years · Killing or injuring someone while driving drunk and fleeing without taking measures or reporting
- 5 years · Killing someone while driving drunk
Even after the disqualification period ends, you cannot obtain a license right away; you must first complete mandatory special traffic safety education (Article 82(3)). In addition, a person whose license was revoked for violating again within 5 years of an earlier violation may, even after the disqualification period ends, drive only a vehicle fitted with an ignition interlock device for the same length of time (Article 80-2).
6. Bicycles and electric kick scooters
You also may not ride a bicycle or personal mobility device while drunk, but the penalty is a fine of up to KRW 200,000, detention, or a petty fine (Article 156(11)). Refusing a test carries the same level of penalty (Article 156(12)).
Frequently Asked Questions
Within the statutory range, what determines the amount of a DUI fine?
Is there a way to shorten a 100-day license suspension?
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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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