Key Points
- It applies to people whose license was revoked for violating again within 5 years of drunk driving (officially “driving while intoxicated”), refusing a test, or obstructing a test, or who were driving without a license at the time of the repeat violation (Article 80-2(1) of the Road Traffic Act).
- The device must be installed for the same length of time as the disqualification period, counted from the day after the disqualification period ends (Article 80-2(2)).
- If, after receiving a conditional license, you drive a car without a device or with one that does not meet the standards, the penalty is up to 1 year in prison or a fine of up to KRW 3 million, and the license is also revoked.
- Violations on personal mobility devices such as electric kick scooters are excluded from the count.
1. Who is covered
Under Article 80-2(1) of the Road Traffic Act, a person who committed the same violation again within 5 years of drunk driving (Article 44(1)), refusing a test (Article 44(2)), or obstructing a test (Article 44(5)), and who falls under one of the following, must obtain a conditional driver's license in order to drive.
- A person whose license was revoked because of the repeat violation
- A person who, at the time of the repeat violation, was driving without a license (Article 43) or without an international driving permit (Article 96(3)) — newly included by the amendment of October 13, 2026
The addenda to the amended Act provide that drunk driving and test refusal on or after October 25, 2024 and test obstruction on or after June 4, 2025 are counted as a "repeat violation," and include a transitional measure under which people who had already been issued a license before the Act took effect follow the previous rules. Which rule applies to your case can be known only by checking both the violation dates and the license issue date.
2. How long the device must be installed
The installation period is the same as the disqualification period set for the person subject to the conditional license, and it starts from the day after the disqualification period ends (Article 80-2(2)). For example, if two DUI violations lead to a 2-year disqualification period, then after those 2 years you may drive only a car fitted with an interlock device for another 2 years.
3. What happens if you violate the conditions
| Violation | Sanction |
|---|---|
| Driving a car without a device or with a device that does not meet the standards | Up to 1 year in prison or a fine of up to KRW 3 million, and license revocation |
| Driving a device-equipped car without registering it | License revocation |
| Driving while knowing the device was removed or tampered with | License revocation |
The provisions are Article 152(1-2) and Article 93(1)22, Article 93(1)21, and Article 93(1)23, respectively.
4. How to prepare
Whether you are subject to a conditional license is determined by the date of the earlier violation, the date of the current violation, whether your license was revoked, and whether you were unlicensed. In a repeat case, you need to plan your future life with this installation period in mind as well as the criminal penalty, so we recommend reviewing it together at the start of the case.
Frequently Asked Questions
Who pays for installing the interlock device?
I need to drive a company car. Can a device be installed in that car too?
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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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