Drunk driving, a refused breath test, an accident with injuries and leaving the scene are separate offences with very different penalties. For foreign nationals, your visa, your stay and your driving licence are affected as well.
01FOREIGN NATIONALS
Korean traffic and criminal law apply to everyone who drives in Korea, whether you live, work or study here or are visiting as a tourist. Being a foreigner adds rights you should use and risks you should plan for.
If you do not understand Korean well, you can ask for an interpreter at the roadside, during police and prosecution questioning and at trial. Do not sign a breath-test record or a statement you have not fully understood.
If you are arrested, you can ask the police to notify your embassy or consulate. Consular staff can help contact your family, but they cannot act as your lawyer.
A criminal record can cause problems when you extend or renew your visa, and in serious cases deportation may be considered. The risk depends on your status and the sentence, so the criminal defense and your immigration position should be planned together.
Investigators may restrict you from leaving Korea while the case is open, especially after an accident with injuries. Tell your lawyer early about flights, work contracts or visa expiry dates.
An international driving permit is valid for one year, and a foreign licence alone generally cannot be used once you have been in Korea for more than a year. Driving after that can be charged as unlicensed driving.
Suspension or revocation of your Korean licence is an administrative measure handled apart from the criminal case. It has its own objection and appeal deadlines, which can pass while the criminal case is still going.
02CHARGES
Each charge has a different statutory penalty and different key issues.
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)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 revokedIf 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 refusalCausing 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' imprisonmentLeaving 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' imprisonmentUnder 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 millionInjuring 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' imprisonmentDriving 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 millionDriving 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 million03PROCESS
What you should do at the roadside, before questioning and after a warrant request are all different.
The case starts with a police checkpoint, a report from another driver or an accident. Police take a breath test and record the scene; if someone is hurt, you must stop and help first.
Read more 02You are questioned by the traffic investigation team at the police station. Hit-and-run cases are handled by a dedicated traffic crime unit.
Read more 03After an arrest, police must decide within 48 hours whether to seek a detention warrant. Fatal DUI accidents, hit-and-runs and repeat DUI carry a higher risk of detention.
Read more 04The prosecutor decides between no charge, a suspended indictment, a summary fine order or a full indictment. You have 7 days from receiving a summary order to request a formal trial.
Read more 05The court sets the sentence under the Supreme Court's sentencing guidelines, considering compensation, prior record, alcohol level and efforts to prevent reoffending.
Read more04WHY US
Managing Partner Yu Ji-yeon handled traffic cases as a prosecutor at the Incheon District Prosecutors' Office and later served as a chief prosecutor.
Managing Partner Yoon Sung-il and Attorney Na Hyung-jun are certified by the Korean Bar Association as criminal law specialists.
We look at the criminal charge, your driving licence and your immigration status at the same time, starting from where your case is now.
05FAQ
Yes. Drunk driving and traffic offences committed in Korea are punished under Korean law regardless of nationality. You also have the same procedural rights, including the right to remain silent and to have a lawyer present.
It can. A conviction may cause difficulties when you extend or change your visa, and serious cases can raise the question of deportation. The outcome depends on your visa type, the charge and the sentence, so it should be reviewed case by case.
You can ask for a blood test instead of accepting the breath reading. Where the test was taken some time after driving, how the alcohol level at the time of driving is calculated can also become an issue.
It may be. An international driving permit is valid for one year, and a foreign licence alone generally cannot be used after one year from entry. Driving beyond that can be treated as unlicensed driving, which is a separate crime.
For an injury accident, comprehensive insurance or the victim's agreement not to seek punishment usually ends the criminal case. That exemption does not apply to drunk driving, leaving the scene, unlicensed driving or the other serious violations listed in the law, or where the victim dies.
You can contact us in English. For questioning and court, interpreters are provided by the authorities, and we arrange interpretation for meetings when needed.
06CONTACT
If you cannot talk, leave a message by KakaoTalk, Telegram or the form. Family members can contact us on your behalf.
DUI & TRAFFIC CRIME DEFENSE · KOREA