Drunk Driving
Overview
Drunk driving (飮酒運轉) refers to operating an automobile, motorized bicycle, or similar vehicle while intoxicated to the point that normal driving is difficult, and it is prohibited under Article 44 of the Road Traffic Act. A blood alcohol concentration (BAC) of 0.03% or higher is subject to enforcement and punishment, and it is classified as one of the most high-risk traffic crimes, one that can lead to fatal accidents. In Korea, the level of punishment was greatly strengthened after the enforcement of the so-called Yoon Chang-ho Act in 2018, and in the 2020s a system of alcohol ignition interlock devices (ignition locking devices) was introduced to prevent repeat offenses.
Key Details
Legal Definition and Enforcement Standards
Article 44, Paragraph 1 of the Road Traffic Act stipulates that no one shall drive an automobile or similar vehicle while intoxicated. Here, "intoxicated" refers to a blood alcohol concentration of 0.03% or higher, a very low threshold that can be exceeded by as little as one glass of beer. Intoxication is first confirmed with a breathalyzer (breath alcohol tester), and if the driver disputes the result, the exact figure is determined through a blood test. In cases where the driver is caught after time has passed and BAC has fallen, the Widmark formula is used to back-calculate the concentration at the time of driving.
Punishment by Blood Alcohol Concentration
- 0.03% or higher and below 0.08%: imprisonment for up to 1 year or a fine of up to 5 million won
- 0.08% or higher and below 0.2%: imprisonment for 1 to 2 years or a fine of 5 to 10 million won
- 0.2% or higher: imprisonment for 2 to 5 years or a fine of 10 to 20 million won
- Refusal to take a breath test: imprisonment for 1 to 5 years or a fine of 5 to 20 million won
- Repeat offense within 10 years: aggravated punishment depending on the number of prior violations
- Cases causing death or injury: the crime of dangerous driving causing death or injury under the Act on the Aggravated Punishment of Specific Crimes applies, resulting in life imprisonment or at least 3 years' imprisonment in cases of death
As for administrative measures, a BAC of 0.03% or higher and below 0.08% results in a 100-day license suspension, while 0.08% or higher results in license revocation. When a license is revoked for drunk driving, a minimum disqualification period of 2 years applies, and causing an accident and fleeing is subject to aggravated punishment.
Dangers and Characteristics of Accidents
Alcohol causes slower reaction times, narrowed field of vision (tunnel vision), impaired judgment and concentration, and drowsiness. Research has shown that the risk of an accident is twice as high at a BAC of 0.05% and more than seven times as high at 0.1%. In particular, drunk drivers have longer braking distances and delayed hazard-avoidance judgments, leading to a high fatality rate in collisions with pedestrians and two-wheeled vehicles. Enforcement tends to be concentrated at night and in the early morning hours, around entertainment districts, and during times when demand for designated drivers peaks.
Enforcement and Response
Police conduct mobile drunk-driving checkpoints at the level of police stations and district patrol units, and carry out intensive enforcement during the year-end and New Year holidays, national holidays, and local festivals. Recently, they have combined unannounced checkpoint locations with citizen reports (112 reports). A reward system for reporting drunk driving and vehicle towing and confiscation measures are also used as means of deterring repeat offenses. Meanwhile, a person who knowingly hands over the car keys to an intoxicated driver or encourages them to ride along may be punished as an accessory or accomplice.
International Comparison
Enforcement standards differ from country to country. Northern European countries such as Sweden and Norway apply very strict standards of around 0.02%, Japan uses 0.03%, and most U.S. states and the United Kingdom use 0.08%. Korea lowered its standard from 0.05% to 0.03% in 2018 and strengthened punishments, placing it among the stricter OECD countries.
Latest Trends
On October 25, 2024, a conditional driver's license system took effect under which a person whose license was revoked for drunk driving may be reissued a license after a certain period, on the condition that an ignition interlock device is installed. Drivers must take a breath test before starting the engine, and if the reading exceeds the threshold, the engine will not start. In May 2024, a celebrity's drunk hit-and-run case caused a social stir, bringing legislative discussions on aggravated punishment for fleeing after an accident into full swing, and a bill sharply raising the statutory penalty for the crime of fleeing causing injury passed the National Assembly. In 2025, police are reviewing expanded vehicle confiscation and forfeiture for habitual offenders and policies linking designated drivers with late-night public transportation in order to lower the repeat offense rate for drunk driving, while local governments continue campaigns to eradicate drunk driving and to encourage citizen reporting. In addition, as cases in which a drunk driving record is reflected in insurance premiums and hiring screening increase, awareness of the social costs is also expanding.
Related Topics
- [[Road Traffic Act]]
- [[Traffic Accidents]]
- [[Yoon Chang-ho Act]]
- [[Driver's License]]
- [[Act on the Aggravated Punishment of Specific Crimes]]
- [[Alcohol Drinking]]