If you were caught driving drunk again,
whether you go to prison depends on how you prepare during the investigation

When the aggravated penalty applies

Article 148-2(1) of the Road Traffic Act punishes more heavily a person who repeats the same act within 10 years from the date a fine or heavier sentence became final for drunk driving (Article 44(1)), refusing a breath test (Article 44(2)), or obstructing a test (Article 44(5)). People whose earlier sentence has been expunged are also covered, but riding a personal mobility device such as an electric kick scooter is excluded.

In the past, any second violation was aggravated regardless of time, but the Constitutional Court held that unconstitutional. Today the starting point is to check, first, whether the earlier case ended in a final sentence of a fine or heavier, and second, whether 10 years have not yet passed since it became final. If the earlier case ended in a suspension of indictment (the prosecutor decided not to charge) or a suspension of sentence, this provision may not apply.

How does it affect your license?

• No new license for 2 years after revocation · If a person with a DUI record drives again at 0.03% or higher, the license is revoked regardless of the reading (Annex 28 of the Enforcement Rule). With two or more violations, you cannot obtain a new license for 2 years from the date of revocation (Article 82(2)6(a)).
• Conditional license with an interlock device · A person whose license is revoked for reoffending within 5 years of the earlier violation must, even after the disqualification period ends, obtain a conditional license that allows driving only a car fitted with an ignition interlock device for the same length of time (Article 80-2). From October 13, 2026, this also covers people who were driving without a license at the time of the repeat offense.
• No livelihood-based objection · With a prior DUI record, you cannot obtain a reduction through an objection. Whether an administrative appeal is available must be checked separately.

The line between a suspended sentence and prison

In repeat cases, the court focuses above all on whether the same thing will happen again. A letter of apology alone is not enough; it must be backed by evidence that you have actually created circumstances in which driving is impossible.

1. Assessment and treatment for alcohol problemsKeep a steady record of psychiatric treatment, completed abstinence education, and attendance at sobriety support meetings.
2. Disposing of the car and blocking access to drivingShow that you have removed the means to drive, through evidence that you sold the car or transferred its title, canceled the insurance, or signed a pledge that family members will keep the car keys.
3. Materials on daily circumstancesOrganize your commuting plan, dependents you support, reasons you need to keep your job, and your support network.
4. How this case differs from the earlier oneCompare how long it has been since the earlier violation, the distance and circumstances of this drive, and the reading, and explain how this case is different.

Frequently Asked Questions

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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