Korean Criminal Law of DUI Case
Expert DUI Lawyers / Attorneys in Seoul and Specialized Case Experiences & Strategies
Recently, the Korean government and Court have increased the punishment(Fine / In Prison) imposed on drunk driving Crimes.
For foreigners, the result of punishment that they receive for a criminal offense may effect to their status of stay(VISA ISSUES) in Korea. So they might get a deportation order because of the Crime Case.
So the result and punishment of DUI(driving under the influence) Crime Case is really important for Foreigners in Korea.
Nowadays, it will be more difficult to maintain your VISA status of stay due to the punishment of the DUI Case. Especially in cases where the defendant repeats DUI Cases or has injured or even killed a person because of DUI, deportation order might be decided. This is the reason that Assistance of DUI defense lawyer/attorney is essential for you.
Korea’s Punishment and regulations(Law) of DUI Offense Cases
In Korea, having a blood alcohol content (BAC) of 0.03% or higher constitutes a DUI/drunk driving offense. Comparing this with the regulations in the United States, where a blood alcohol content below 0.08% does not yet constitute a DUI, the Korean standard is much stricter. Therefore, if you commit a drunken accident(DUI) in Korea, you must seek the help and assist of a DUI Case Expert lawyer. That way you can keep the criminal punishment as low as possible. And it can also minimize the impact on your visa status.
Attorneys specializing in DUI CASES are waiting for you here at Merits Law Office.
<ROAD TRAFFIC ACT>
Article 44 (Prohibition on Driving while Intoxicated)(1) While intoxicated, no one shall drive any motor vehicle, etc. (including construction machinery, other than those provided for in the proviso of Article 26 (1) of the Construction Machinery Management Act; hereafter in this Article and Articles 45, 47, 50-3, 93 (1) 1 through 4, and 148-2 the same shall apply) or tram, or ride a bicycle.
(2) When deemed necessary to ensure the safety of traffic and prevent danger or a person is evidently deemed to be driving a motor vehicle, etc. or tram or riding a bicycle while intoxicated in violation of paragraph (1), police officers may require him or her to take a breath test in order to determine whether that person is intoxicated. In such cases, the driver or rider shall comply with the breath test required by any police officer.
(3) With respect to any driver who refuses to accept the result of a test pursuant to paragraph (2), another test may be conducted using the driver’s blood collected after obtaining the driver’s consent therefor.
(4) The threshold for the state of intoxication at which a person is prohibited from driving a motor vehicle, etc. pursuant to paragraph (1) shall be not less than 0.03 percent of blood-alcohol concentration.
(5) Matters necessary for the methods and procedures for tests under paragraphs (2) and (3) shall be prescribed by Ordinance of the Ministry of the Interior and Safety.
<도로교통법 처벌규정>
Article 148-2 (Penalty Provisions) (1) A person who violates Article 10 (1) or (2) again within 10 years from the date on which his or her sentence becomes final and conclusive (including a person upon whom his or her sentence has lapsed) after having been sentenced to a fine or heavier punishment for violating Article 44 (1) or (2) (limited to cases where he or she drove a motor vehicle, etc. or a tram: Provided, That the cases where a person drove a personal mobility device shall be excluded herefrom; hereafter in this Article, the same shall apply) shall be punished according to the following classifications: <Amended on Jan. 3, 2023>
1. A person who violates Article 44 (2) shall be punished by imprisonment with labor for not less than one year but not more than six years or a by fine not less than five million won but not exceeding 30 million won;
2. A person whose blood alcohol concentration is not less than 0.2 percent among those who violate Article 44 (1) shall be punished by imprisonment with labor for not less than two years but not more than six years or by a fine not less than 10 million won but not exceeding 30 million won;
3. A person whose blood alcohol concentration is not less than 0.03 percent but not exceeding 0.2 percent among those who violate Article 44 (1) shall be punished by imprisonment with labor for not less than one year but not more than five years or a by fine not less than five million won but not exceeding 20 million won.
(2) A person who provides a police officer with reasonable grounds to believe that he or she is intoxicated and fails to comply with a breath test required by the police officer pursuant to Article 44 (2) (limited to cases where he or she drives a motor vehicle, etc. or tram) shall be punished by imprisonment with labor for not less than one year but not more than five years or by a fine not less than five million won but not exceeding 20 million won. <Amended on Jan. 3, 2023>
(3) A person who drives a motor vehicle, etc. or tram while intoxicated, in violation of Article 44 (1) shall be punished according to the classification under each of the following subparagraphs:
1. A person whose blood alcohol content is not less than 0.2 percent shall be punished by imprisonment with labor for not less than two years but not more than five years or by a fine not less than 10 million won but not exceeding 20 million won;
2. A person whose blood alcohol content is not less than 0.08 percent but less than 0.2 percent shall be punished by imprisonment with labor for not less than one year but not more than two years or a by fine not less than five million won but not exceeding 10 million won;
3. A person whose blood alcohol content is not less than 0.03 percent but less than 0.08 percent shall be punished by imprisonment with labor for not more than one year or a by fine not exceeding five million won.
Merits Law Office’s DUI CASE specialist lawyer’s and attorney’s strategy
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