DUI (Driving Under the Influence) means driving an automobile after having consumed too much alcohol. According to traffic laws, Article 44, Clause 4, “It is forbidden to drive when the driver’s blood alcohol level is more than 0.03%.” The number of DUI offenses decreases every year, but repeated DUI offenses occur over 44% of the time. Through this, people can affirm the seriousness of repeated DUI offenses. The government has already recognized this problem. Therefore, they have enforced sanctions about repeated DUI offenses this year. It’s necessary to examine the seriousness of DUI’s, the penalties, and reinforced sanctions case by case. 

 Last December, a drunk driver, Mr. A, caused a traffic accident. He has a criminal history of driving under the influence, and it was his third offense. Because of this incident, the victim was in a coma for over a year. Mr. A was already given a 3 million won fine for a DUI in 2013. Although this DUI was his third crime, he was sentenced to only 2 years and 3 months imprisonment. Many experts believe the biggest reason for repeated DUI offenses is that the punishment is a slap on the wrist. Other reasons for offenses are lax safety standards, taxi’s refusal of passengers, designated driving fees, and trouble with designated drivers. 

First DUI

1. Blood alcohol level more than 0.03% and less than 0.08% 

▶Up to 1 year in prison and up to 5 million won in fines 

2. Blood alcohol level more than 0.08% and under 0.2% 

▶More than 1 year and up to 2 years in prison or more than 5 million won and 10 million won in fines 

3. Blood alcohol level more than 0.2% 

▶More than 2 years and up to 5 years in prison or more than 10 million won and up to 20 million won in fines 

4. Refusal to take the breath test 

▶More than 1 year and up to 5 years in prison or more than 5 million won and up to 20 million won in fines

Repeated DUI Offense 

1. Blood alcohol level more than 0.03% and less than 0.2% 

▶More than 1 year and up to 5 years in prison or more than 5 million won and up to 20 million won in fines 

2. Blood alcohol level more than 0.2% 

▶More than 2 years and up to 6 years in prison or more than 10 million won and up to 30 million won in fines 

3. Refusal to take the breath test 

▶More than 1 year and up to 6 years in prison or more than 5 million won and up to 30 million won in fines

 These are the specifics about penalty levels for first and repeated DUI’s. The blood alcohol limit for a DUI is 0.03% and the suspension of license standard is 0.03% or more and less than 0.08%. Moreover, a blood alcohol level of 0.08% or more has the penalty of license revocation. In the case of the first offense, the maximum sentence is 5 years in prison but in the case of a repeated offense the maximum sentence is 6 years in prison. As you can see, Korea’s first and repeated DUI penalties aren’t significantly different. People can check how light the penalty for repeated DUI offenses is compared to Singapore. Singapore has strengthened the law about repeated DUI offenses. Now the penalty is not only imprisonment and a fine but also disclosure of the criminal’s personal information on the first page of the newspaper.

 The government has strengthened the restriction of repeated DUI offenses starting this year because they noticed the severity of repeat offenses. In the case of someone who drinks and drives more than two times within 5 years, they must get a ‘conditional DUI license’ within a certain period (2 years~5 years). ‘Conditional DUI license’ requires a device that allows the driver to start the car after checking the driver’s breath. Before starting the engine, the driver exhales a breath facing the device. If the device confirms that the driver isn't drunk, the driver can start the car. The USA, Australia, Canada, and Europe impose this method already. If an offender drives a car without the device, they will be sentenced up to 1 year in prison and up to 3 million won in fines, the same as for driving without a license. Offenders who want to drive will have their device and driving record checked by police twice a year.

 More powerful restrictions about repeated DUI offenses will start on October 25th of this year. These measures will help reduce repeat offense. However, people should keep in mind that the fundamental cause of DUI’s and repeated DUI offenses is drinking itself. Remember that drunk driving can not only affect your own life but also someone else’s.

80th Reporter • KIM YU JIN • yujinkim627@gmail.com