Short answer. Refusing is treated more severely than most drink-driving offences, not less. Article 44(2) of the Road Traffic Act allows a police officer to measure by breath test where it is necessary for traffic safety or where there is substantial reason to believe the driver has driven while intoxicated, and the same paragraph states that the driver must comply. Article 148-2(2) punishes a person with substantial reason to be believed intoxicated who does not comply with imprisonment of one to five years, or a fine of five million to twenty million won.
What Korean law says
Article 44(2): a police officer may measure whether a driver is intoxicated by breath test where it is considered necessary for traffic safety and the prevention of danger, or where there is substantial reason to believe the person drove while intoxicated in breach of paragraph 1. In that case, the driver must comply with the officer’s measurement.
Article 44(3): where a driver disputes the result, a further measurement may be taken by methods such as a blood sample, with that driver’s consent.
Article 148-2(2): a person with substantial reason to be believed intoxicated who does not comply with the measurement under Article 44(2), where they drove a motor vehicle or tram, is liable to imprisonment for one to five years or a fine of five million to twenty million won. The same applies to a person who, after driving, does an act obstructing measurement in breach of Article 44(5).
Road Traffic Act, Articles 44 and 148-2. Act No. 21246, in force from 1 July 2026. Article 44 has a further tranche effective 3 June 2027.
What usually happens in practice
The penalty range is the point. There is a statutory minimum of one year’s imprisonment or a five million won fine, so refusal is not the cautious option and it is not a way to leave the police without a case. The officer only needs substantial reason to believe you were intoxicated, which the surrounding circumstances usually supply.
Article 44(5) closes the other route people try, which is drinking after driving to make the reading meaningless. That is a separate offence carrying the same range.
If you dispute a breath reading, the lawful path is paragraph 3: ask for a blood test. That is a request made at the scene, and it is a far better position than declining the breath test and arguing later.
What you should do next
- Comply with the breath test. Refusal carries a heavier minimum than most readings.
- If you dispute the result, ask for a blood test immediately under paragraph 3.
- Do not drink anything after driving once police involvement is likely.
- Note the time of driving and the time of measurement. The gap can matter.
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Written and reviewed by Soobin You, Attorney at YUSU Lawfirm. Former prosecutor. Last legal review: 12 September 2026.