After a company dinner, you want to ride a bicycle home with a blood alcohol concentration of 0.03 percent or more. Which statement is correct?
Check in the text of Article 44(1) of the Road Traffic Act which vehicles besides motor vehicles are covered by the ban on driving while intoxicated. Also see whether the standard for being intoxicated (Article 44(4)) and the duty to submit to a test (Article 44(2)) differ by vehicle, along with the traffic penalty (Annex 8 of the Enforcement Decree).
Answer: ①
Explanation
Article 44(1) of the Road Traffic Act prohibits riding a bicycle, not just driving a motor vehicle, while drunk (a blood alcohol concentration of 0.03 percent or more under paragraph (4)). Under Annex 8 of the Enforcement Decree, drunk cycling brings a traffic penalty of 30,000 won, and refusing a breath test brings a traffic penalty of 100,000 won. Under Article 44(2), cyclists must also comply with the test, and there is no separate 0.08 percent standard for bicycles.
Legal basis: 도로교통법 제44조 제1항·제2항·제4항, 시행령 별표8 제64호의2·제64호의3