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"It is my first offence, so it will end with a fine, right?" This is the question we hear most often in drink-driving cases. The short answer is that you cannot assume so. Even for a first offence, drink-driving can result in an actual prison sentence rather than a fine, depending on the blood alcohol concentration and whether an accident occurred.

[Table of Contents]

1. Why a first offence alone does not guarantee a fine

2. Sentencing tiers by blood alcohol concentration — 0.03%, 0.08%, 0.2%

3. Three patterns where even a first offender receives a prison term

4. Licence revocation and suspension proceed separately from the criminal case

5. Pre-trial preparation that separates prison from a suspended sentence

1. Why a first offence alone does not guarantee a fine

Being a first offender is only one favourable factor in sentencing. Courts do not decide the sentence on that basis alone; they weigh the alcohol reading, the distance and circumstances of the driving, whether an accident occurred and how serious the harm was, whether the harm has been remedied, and the efforts made to prevent recurrence.

In particular, a suspended sentence under Article 62 of the Criminal Act (형법 제62조) is available only where the court imposes imprisonment of up to three years or a fine of up to KRW 5 million. In other words, before the question of fine versus prison comes the question of whether the case calls for a custodial sentence at all — and where the facts are serious, a first offender may well receive one, with the real battle then being whether it is suspended.

2. Sentencing tiers by blood alcohol concentration — 0.03%, 0.08%, 0.2%

The Road Traffic Act treats a blood alcohol concentration of 0.03% or above as driving under the influence (Article 44, 도로교통법 제44조), and Article 148-2(3) sets different statutory penalties for each tier.

Note the 0.2% tier: the statutory minimum is two years' imprisonment, and fines start at KRW 10 million. That structure leaves little room for lenient disposal simply because it is a first offence. A second or further violation within ten years is punished more heavily under Article 148-2(1).

3. Three patterns where even a first offender receives a prison term

In practice, custodial sentences for first offenders arise in three broad situations.

• A very high blood alcohol reading — above 0.2%, the statutory minimum is itself high and the driver is treated as having substantially lost the capacity to drive.

• Causing personal injury — injuring someone while intoxicated triggers Article 5-11 of the Act on Special Cases concerning the Punishment of Specific Crimes (특정범죄 가중처벌 등에 관한 법률 제5조의11, dangerous driving causing injury or death), which raises the penalty sharply.

• Fleeing after an accident — leaving the scene without assisting the victim triggers Article 5-3 of the same Act (hit-and-run). Attempting to conceal the drinking by leaving escalates the exposure by several steps, not one.

The third pattern often arises from nothing more than a moment's thought of "stepping away". Remember that the moment you leave the scene, a simple drink-driving case turns into a hit-and-run case.

4. Licence revocation and suspension proceed separately from the criminal case

Drink-driving runs on two separate tracks: criminal and administrative. Even a favourable criminal outcome, such as a fine or a suspended sentence, does not affect the revocation or suspension of the driving licence, which is handled separately under Article 93 of the Road Traffic Act (도로교통법 제93조).

Broadly, a reading of 0.08% or above raises revocation, a reading of 0.03% to below 0.08% raises suspension, and injuring someone while driving under the influence is also a ground for revocation. Challenging the disposition requires a separate route — an objection, an administrative appeal or administrative litigation — each with its own filing deadline.

The criminal defence and the licence challenge should therefore be designed together from the outset. Focusing solely on the criminal case and missing the deadline to contest the licence disposition is a common and costly mistake.

5. Pre-trial preparation that separates prison from a suspended sentence

With the same reading and the same accident, outcomes diverge largely on how concretely the effort to prevent recurrence has been evidenced. The following materials should be prepared before trial.

1. A concrete recurrence-prevention plan and a statement of remorse — an actionable plan, not an abstract pledge.

2. Evidence of disposing of the vehicle — documentation of a sale or scrapping, where applicable.

3. Materials relating to an alcohol interlock device — tied to the conditional licence scheme, an installation certificate evidences a genuine commitment.

4. Treatment and counselling records — progress records where the driver is receiving support for alcohol use.

5. Settlement with the victim and evidence of remedy — the single heaviest sentencing factor where injury occurred.

These materials carry weight only if they are built up steadily from the earliest stage of the investigation. Documents assembled hastily on the eve of trial invite doubt about their sincerity.

In short, a first offence does not guarantee a fine. The outcome turns on the reading, the circumstances of any accident, and how convincingly the effort to prevent recurrence is proved.

Early response changes the outcome in drink-driving cases

Drink-driving cases run on parallel criminal and licence tracks, and the provisions applied change with the reading and whether an accident occurred. What is said in the first interview, and what evidence is assembled then, feeds directly into the final outcome.

Cheongchul Law Firm handles traffic-related criminal cases — drink-driving, refusal of a breath test, dangerous driving causing injury or death — together with challenges to licence revocation and suspension. If you have received notice of an investigation or have a hearing approaching, please reach out through our consultation request page.

This post is general information for reference only and does not constitute legal advice on any specific matter. The provisions applied and the sentence depend on the blood alcohol concentration, whether an accident occurred and how serious the harm was, prior record and other individual circumstances, so please consult a qualified attorney.