Key Points
- If a DUI accident causes injury, violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (the “Traffic Accident Settlement Act”, 교통사고처리법) (causing injury) is punishable even if you are insured or have settled (Article 3(2)8).
- If alcohol left you unable to drive normally, dangerous driving causing injury carries 1 to 15 years in prison or a fine of KRW 10 million to 30 million, and causing death carries life imprisonment or at least 3 years in prison (Article 5-11 of the Specific Crimes Aggravated Punishment Act).
- The same provision applies to driving under the influence of drugs such as narcotics or psychotropic medicines, and drugged driving itself carries up to 5 years in prison or a fine of up to KRW 20 million.
- Your license is revoked, and the period during which you cannot obtain a new one is 2 years for injury and 5 years for death. In sentencing, restoring the victim's losses (settlement or deposit) has the greatest effect.
Which offenses apply
When a drunk driver causes an accident that injures someone, two things usually become issues at the same time. One is the drunk driving (officially “driving while intoxicated”) offense (Article 148-2 of the Road Traffic Act), and the other is the offense for the accident itself. For the latter, which provision applies depends on how much your driving ability was actually impaired.
| Provision | Requirement |
|---|---|
| Article 3(1) of the Traffic Accident Settlement Act | Negligently causing death or injury while at a BAC of 0.03% or higher |
| Article 5-11 of the Specific Crimes Aggravated Punishment Act (injury) | Causing injury while unable to drive normally due to alcohol or drugs |
| Article 5-11 of the Specific Crimes Aggravated Punishment Act (death) | Causing death in the same condition |
| Article 148-2(5) of the Road Traffic Act | Driving while there is a risk of being unable to drive normally due to drugs |
| Provision | Penalty |
|---|---|
| Article 3(1) of the Traffic Accident Settlement Act | Up to 5 years of imprisonment without labor or a fine of up to KRW 20 million |
| Specific Crimes Aggravated Punishment Act, injury | 1 to 15 years in prison or a fine of KRW 10 million to 30 million |
| Specific Crimes Aggravated Punishment Act, death | Life imprisonment or at least 3 years in prison |
| Road Traffic Act, drugged driving | Up to 5 years in prison or a fine of up to KRW 20 million |
Whether normal driving was difficult is not decided by BAC alone. The court also looks at how the accident happened (running a red light, weaving, rear-ending a stopped vehicle), your speech and gait right after the accident, and the report on the drunk driver's condition prepared by the police. If the reading was not high or the accident came from a different mistake unrelated to alcohol, you can argue that the Traffic Accident Settlement Act should apply instead of dangerous driving causing injury.
Settlement and deposit change the outcome
In a DUI accident, criminal liability remains separately even if the insurer pays the medical costs and damages. In setting the sentence, the court gives the greatest weight to settlement with the victim (a statement that the victim does not want you punished), the degree to which the harm has been repaired, and the seriousness of the injury. If the victim will not accept a settlement, a criminal deposit (paying money into court for the victim) is considered, and the amount and timing of the deposit must be decided carefully.
License revocation and disqualification period
- If you injure someone while drunk, your license is revoked regardless of the reading (Annex 28 of the Enforcement Rule), and you cannot obtain a new license for 2 years (Article 82(2)6(b) of the Road Traffic Act).
- If the victim died, this period increases to 5 years (Article 82(2)3(b)).
- If you left the scene without giving aid, it is likewise 5 years, and the offense of hit-and-run causing injury is added (Article 82(2)3(a)).
Frequently Asked Questions
My reading was around 0.05%. Can it still be dangerous driving causing injury?
The other driver was also at fault. Will I still be punished?
I caused an accident while driving after taking sleeping pills.
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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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