Prohibition of driving while intoxicated
Prohibition of driving while intoxicated
- While intoxicated, it is prohibited to drive any motor vehicle or motorcycle, etc. (including construction machinery, other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereinafter ‘motor vehicles, etc.)(Article 44(1), 2(21) of the Road Traffic Act).
· The threshold regarding the state of intoxication at which driving a motor vehicle, etc. is prohibited shall be not less than 0.03 percent of blood-alcohol concentration (Article 44(4) of the Road Traffic Act).
- When it is deemed necessary to ensure the safety of traffic and prevent danger to other drivers/persons, and a driver appears to be intoxicated while driving a motor vehicle, etc., he/she may be required to take a breath test by a police officer(s). In such cases, the driver shall comply with the request to take a breath test as required by a police officer (Article 44(2) of the Road Traffic Act).
※ In cases where a driver refuses the request to take a breath test by a police officer, even if he/she has driven while intoxicated or there is sufficient reason to assume that he/she has driven while intoxicated, his license shall be revoked (Enforcement Regulation of the Road Traffic Act, Article 91, Attached table 28(2)2, 3, and (3)2).
※ Anyone who refuses the request to take a breath test by a police officer while displaying sufficient signs of being drunk shall be punished by imprisonment of not less than 1 year but not more than 5 years, and a fine of not less than KRW 5,000,000 but not more than KRW 20,000,000 (Article 148-2(2) of the Road Traffic Act).
- Any driver who does not accept the result of a breath test may be tested again by another method such as a blood test upon his/her agreement (Article 44(3) of the Road Traffic Act).
Prohibition of driving while overworked, etc.
Prohibition of driving while overworked, etc.
- The drivers of motor vehicles shall not drive in a state where they may be unable to drive normally due to the effects of overwork, disease, drugs or other causes (Article 45 of the Road Traffic Act).
※ An overworked driver is very likely to exhibit abnormal physical functions and/or to doze at the wheel, while a driver who has mental illness or takes drugs for such may have a seizure or lose his/her sense of sensation or perception. As such, it is unreasonable to expect such drivers to drive safely.
Drugs that are prohibited while driving
- The consumption of the following drugs, including hemp and psychotropic drugs which are considered by the appropriate medical authorities to be harmful chemicals that cause excitement, hallucination or anesthesia, is prohibited during driving (Article 45 of the Road Traffic Act, Article 28 of the Enforcement Regulation of the Road Traffic Act, Article 11 of the Enforcement Decree of the Toxic Chemicals Control Act).
· Toluene, ethyl acetate or methyl alcohol.
· Thinners (organic solvent used for reducing the viscosity of varnish and paint) containing toluene, ethyl acetate or methyl alcohol, adhesives, balloons, paints and varnishes.
· Butane gas.
· Nitrous oxide (other than being used for the medical purpose).
Penal provisions
Suspension or revocation of a driver’s license and restrictions on reacquiring the license
- A driver’s license shall be revoked in the following cases (Article 93 of the Road Traffic Act, Enforcement Regulation of the Road Traffic Act, Attached Table 28(2)2).
· In cases where a driver causes death or injury to a person while driving intoxicated beyond the permissible limit (i.e. a blood-alcohol concentration equivalent to or more than 0.03 percent).
· In cases where a driver is apprehended while driving with a blood-alcohol concentration equivalent to or more than 0.08 percent.
· In cases where a driver is apprehended while driving intoxicated beyond the permissible limit (i.e. a blood-alcohol concentration of higher than 0.03 percent) or has refused to take a breath test more than 2 times.
- A driver who drives while intoxicated beyond the permissible limit (i.e. a blood-alcohol concentration of 0.05-0.1 percent) shall be punished by the suspension of his/her driver’s license at least 1 year and 100 penalty points (Road Traffic Act, Article 93(1)1, Enforcement Regulation of the Road Traffic Act, Attached Table 28(3)2).
- Anyone who drives a motor vehicle in a state where normal driving is likely to be prevented by the administering, smoking, consumption, or injection of a drug (narcotics, marijuana, psychoactive drug, or hallucinogenic substance under Article 25 of the Toxic Chemicals Control Act) or other causes shall be punished by the revocation of his/her driver’s license (Article 93(1)4 of the Road Traffic Act, Enforcement Regulation of the Road Traffic Act, Attached Table 28(2)6).
- In cases where a driver causes the death of or injury to another person while driving intoxicated or in a state where normal driving is impossible because of the effects of a drug, has violated the duty to take proper measures in the event of an accident and therefore has been sentenced to a heavier punishment than a monetary penalty including a probation, he/she shall be prohibited from reacquiring a driver’s license for 5 years from the day of revocation (Article 82(2)3 of the Road Traffic Act).
※However, in the case where a sentence of a penalty less than a fine or a suspension of sentence is upheld, indictment is suspended or a protective disposition according to Article 32 of the Juvenile Act is determined, a driver’s license can be issued even during the period above (Article 82.(2) of the Road Traffic Act).
Penalty
- Drivers who are apprehended driving in a state of intoxication shall be punished in accordance with the following classification (Article 148-2(2) of the Road Traffic Act).
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Blood-alcohol content
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Punishment
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Over 0.2 % or over
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Imprisonment of between 2 and 5 years or a fine of between KRW 10,000,000 and KRW 20,000,000
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0.1%~0.2%
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Imprisonment of between 1 and 2 years or a fine of between KRW 5,000,000 and KRW 10,000,000
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0.05%~0.1%
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Imprisonment of not more than 1 year or a fine of not more than KRW 5,000,000
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- Anyone who violates Article 44 (1) or (2) of the Road Traffic Act more than once (confined to a person who drove a motor vehicle or a tram) shall be punished by imprisonment of not less than 2 year but not more than 5 years, and a fine of not more than KRW 20,000,000 (Article 148-2(1) of the Road Traffic Act).
- Any person who drives a motor vehicle, etc. in such a state that he/she is unable to drive normally due to the effects of alcohol or drugs and who causes the injury of another person shall be punished by imprisonment of not less than 1 year but not more than 15 years, or a fine of not less than KRW 10,000,000 but not more than KRW 30,000,000, and any person who drives a motor vehicle, etc. in such a state that he/she is unable to drive normally due to the effects of alcohol or drugs and who causes the death of another person shall be punished by life imprisonment or imprisonment of not less than 3 years (Article 5-11(1) of the Act on the Aggravated Punishment of Specific Crimes).
- Any person who refuses the request of a police officer to take a breath test under Article 44(2) of the Road Traffic Act while giving the strong impression that he/she is drunk shall be punished by imprisonment of not less than 1 year but not more than 5 years, and a fine of not less than KRW 5,000,000 but not more than KRW 20,000,000 (Article 148-2(2) of the Road Traffic Act).
- Anyone who drives a motor vehicle or a tram in a state where normal driving is likely to be prevented by a drug in violation of Article 45 of the Road Traffic Act shall be punished by imprisonment of not more than 3 years, and a fine of not more than KRW 10,000,000 (Article 148-2(4) of the Road Traffic Act).
- A person who drives a motor vehicle in a state in which he/she is unable to drive normally due to overwork or disease shall be punishable by a fine of not more than KRW 300,000 or a period of detention (Article 154(3) of the Road Traffic Act).