Korea punishes traffic crimes under the Road Traffic Act, the Act on the Aggravated Punishment of Specific Crimes and the Traffic Accident Special Act. The penalty depends on the alcohol level, whether anyone was hurt and what you did after the accident.
| Provision | Conduct | Statutory penalty |
|---|---|---|
| Road Traffic Act Art. 148-2(3) | Drunk driving, BAC 0.03% to under 0.08% | Up to 1 year's imprisonment or a fine up to KRW 5 million |
| Road Traffic Act Art. 148-2(3) | Drunk driving, BAC 0.08% to under 0.2% | 1 to 2 years' imprisonment or a fine of KRW 5 to 10 million |
| Road Traffic Act Art. 148-2(3) | Drunk driving, BAC 0.2% or higher | 2 to 5 years' imprisonment or a fine of KRW 10 to 20 million |
| Road Traffic Act Art. 148-2(2) | Refusing or obstructing a breath test | 1 to 5 years' imprisonment or a fine of KRW 5 to 20 million |
| Road Traffic Act Art. 148-2(1) | Repeat offence within 10 years | Up to 6 years' imprisonment or a fine up to KRW 30 million, depending on the type |
| Road Traffic Act Art. 148-2(4) | Drug driving / refusing a drug test | Up to 5 years' imprisonment or a fine up to KRW 20 million |
| Aggravated Punishment Act Art. 5-11 | DUI causing injury / death | Injury: 1 to 15 years or KRW 10 to 30 million; death: life or at least 3 years |
| Aggravated Punishment Act Art. 5-3 | Hit-and-run causing injury / death | Injury: at least 1 year or KRW 5 to 30 million; death: life or at least 5 years |
| Road Traffic Act Art. 54(1), 148 | Failing to stop and help after an accident | Up to 5 years' imprisonment or a fine up to KRW 15 million |
| Traffic Accident Special Act Art. 3 | Injury or death caused in a traffic accident | Up to 5 years' imprisonment without labour or a fine up to KRW 20 million |
| Aggravated Punishment Act Art. 5-13 | Child injured or killed in a school zone | Injury: 1 to 15 years or KRW 5 to 30 million; death: life or at least 3 years |
| Road Traffic Act Art. 152 | Unlicensed driving | Up to 1 year's imprisonment or a fine up to KRW 3 million |
Driving with a blood alcohol concentration of 0.03% or more is a crime. The penalty rises in three bands, and your licence is suspended or revoked as a separate administrative measure.
From up to 1 year or KRW 5 million (0.03%) to 2 to 5 years or KRW 10 to 20 million (0.2% or higher)
Licence suspension or revocation can be challenged separately, within 60 days by objection or 90 days by administrative appeal, but relief is not available in every case.
Refusing a breath test when police have reasonable grounds is punished as heavily as high-level drunk driving. Since June 2025, drinking more alcohol after driving to frustrate the test is also a crime.
1 to 5 years' imprisonment or a fine of KRW 5 to 20 million; licence revoked
Misunderstanding caused by the language barrier can matter. Tell your lawyer exactly what was said at the scene.
If you were fined or sentenced for drunk driving or test refusal and offend again within 10 years of that conviction becoming final, heavier penalties apply.
Up to 6 years' imprisonment or a fine up to KRW 30 million, depending on BAC or refusal
After two revocations within 5 years, a new licence may be limited to vehicles fitted with an alcohol interlock.
Causing injury or death while unable to drive normally because of alcohol or drugs is punished under the Aggravated Punishment Act. Insurance and settlement do not stop prosecution.
Injury: 1 to 15 years or a fine of KRW 10 to 30 million; death: life or at least 3 years' imprisonment
If inability to drive normally is not proven, the case may instead be charged as drunk driving plus negligent injury.
Leaving the scene without helping an injured person is charged as a hit-and-run. Handing over a business card and leaving can still count if you did not do enough to help.
Injury: at least 1 year or a fine of KRW 5 to 30 million; death: life or at least 5 years' imprisonment
Even without injuries, failing to stop and take necessary measures after an accident is a separate crime (up to 5 years or KRW 15 million).
Under the Traffic Accident Special Act, an injury accident usually cannot be prosecuted if you have comprehensive insurance or the victim does not want punishment. Twelve serious violations remove that protection.
Up to 5 years' imprisonment without labour or a fine up to KRW 20 million
If settlement is difficult, a criminal deposit with the court may be possible even without the victim's personal details.
Injuring or killing a child under 13 in a children's protection zone while breaching the duty to drive safely is punished under the Aggravated Punishment Act.
Injury: 1 to 15 years or a fine of KRW 5 to 30 million; death: life or at least 3 years' imprisonment
Avoidability is often the central question. Secure footage from the scene early.
Driving without a valid Korean licence, while suspended or revoked, or on an expired international permit is a crime. A foreign licence alone generally cannot be used more than one year after entry.
Up to 1 year's imprisonment or a fine up to KRW 3 million
Check your licence status before driving again. Keep proof of your entry date and permit.
Driving while unable to drive normally because of drugs, including prescription sleeping pills or sedatives, is a crime. Since April 2026 the penalty is heavier, and refusing a drug test is also punished.
Up to 5 years' imprisonment or a fine up to KRW 20 million
Bring your prescription and medical records to your first consultation.
This site provides general legal information, not advice on any specific case. Outcomes depend on the facts of each case.
DUI & TRAFFIC CRIME DEFENSE · KOREA