A driver was caught driving a car with a blood alcohol concentration of 0.1% (no accident, no alcohol-related violation within the past 10 years). Which is the correct penalty standard?
The criminal penalty for drunk driving differs by blood alcohol concentration bracket: 0.03 to under 0.08 percent, 0.08 to under 0.2 percent, and 0.2 percent or higher (Article 148-2(3) of the Road Traffic Act). Note that a license disposition (Table 28 of the Enforcement Rule) also follows, separately from the criminal penalty.
Answer: ②
Explanation
Under Article 148-2(3) of the Road Traffic Act, a blood alcohol level of 0.08% or more but under 0.2% is punishable by 1 to 2 years in prison or a criminal fine of 5 million to 10 million won. Up to 1 year/5 million won applies to 0.03% to under 0.08%, and 2 to 5 years applies to 0.2% or more. Also, under Annex 28 of the Enforcement Rule, 0.08% or more leads to revocation, so 'only a suspension' is wrong.
Legal basis: 도로교통법 제148조의2 제3항 제2호, 시행규칙 별표28 2. 제2호