2026 Law Korea guide – Will a DUI Korea on a Kickboard Cancel My Visa in 2026? [English Speaking Lawyer. LIBRO]
Introduction: The “Just a Short Ride” Trap (Law Korea 2026 Guide)
It is a Friday night in Hongdae or Itaewon. You’ve had a few drinks (“Chimaek”) and missed the last bus. You see a shared electric scooter (Kick-going, Beam, Swing, etc.) on the sidewalk. You think, “It’s just a scooter, not a car. It’s safer and faster.”
Stop.
In South Korea, riding an electric scooter (Personal Mobility) while intoxicated is legally treated very similarly to driving a car drunk. A simple ride can lead to license revocation, criminal fines, and even visa issues.
This guide explains the Road Traffic Act (도로교통법) in detail, specifically for foreigners who may not know the severity of Korean traffic laws.
1. The Legal Definition: What Counts as “Drunk Driving”?
In Korea, the law does not care if you “feel” drunk. It is all about the numbers.
A. The 0.03% Threshold (Article 44)
According to Article 44, Paragraph 4 of the Road Traffic Act, the legal limit for “intoxication” is a Blood Alcohol Concentration (BAC) of 0.03% or higher.
- 0.03%: Usually just 1 glass of beer or 1 shot of Soju is enough to hit this limit.
- Zero Tolerance: Korea has one of the strictest DUI standards in the world.
B. Classification of Vehicles
You might think a scooter is a toy, but the law classifies it as a vehicle.
- Personal Mobility (PM): Electric scooters are classified as “Motorized Bicycles” under Article 2.
- The Consequence: Because PMs are “vehicles,” the DUI laws for cars apply directly to them.
2. Penalties: Scooter vs. Bicycle vs. Car
The penalties depend on exactly what you were riding.
[Table 1] DUI Penalties by Vehicle Type (2026 Standard)
| Vehicle Type | Electric Scooter (PM) | Bicycle (Pedal only) | Car / Motorcycle |
| Legal Classification | “Motorized Bicycle” | “Bicycle” | “Automobile” |
| BAC Threshold | 0.03% | 0.03% | 0.03% |
| Driver’s License | Subject to Suspension/Revocation | No License Action | Suspended or Revoked |
| Fine (Typical) | 100,000 KRW (Notification)* | 30,000 KRW (Fine) | 5 Million ~ 20 Million KRW |
| Refusal to Measure | 130,000 KRW (Notification) | 100,000 KRW (Fine) | Prison or Huge Fine |
*Note: Simple PM DUI is often handled via notification fines. However, causing an accident or having very high BAC can lead to formal criminal investigation and higher fines.
The “License Killer” (Article 93)
This is the part most foreigners miss. Even if you only pay a small fine for the scooter DUI, your actual Driver’s License (for cars) is subject to revocation or suspension.
- Article 93: Police can cancel or suspend the license of anyone who drives “Automobiles, etc.” (includes PM) in violation of Article 44.
- Result: You may be banned from driving your car to work.
3. The “Visa Trap”: How It Affects Foreigners
For Korean citizens, a fine is just money. For foreigners, it is a residency issue.
A. The “Law-Abiding Oath” Check
When you renew your visa (E-7, D-2, F-6, etc.), Immigration checks your record.
- Notification Fines: Usually do not trigger immediate deportation, BUT frequent violations can lead to a denial of extension.
- Criminal Fines: If the DUI involves an accident, it becomes criminal. A fine of 3 Million KRW or more is a key threshold for a Deportation Review (Sa-beom-sim-sa).
B. The “Habitual Offender” Risk
There is no automatic “3-strike” law, but accumulating multiple fines (traffic, minor offenses) labels you as a “habitual violator” in Immigration’s eyes, significantly increasing the risk of visa non-renewal or scrutiny.
4. Remedy: “Administrative Appeal” (Haeng-jeong-sim-pan)
If your license is revoked due to a scooter DUI, and driving is essential for your livelihood (e.g., delivery rider), you can appeal.
What is it?
A legal process to request the Central Administrative Appeals Commission to change the punishment from “Cancellation” to “110-Day Suspension.”
Success is Not Guaranteed
You must prove “undue hardship.” Simply saying “I need to drive” is not enough. You need proof (employment contract requiring driving, financial statements showing you support a family alone). Appeals are granted based on discretion, not automatic rights.
How to Apply
- Deadline: File within 90 days of receiving the License Cancellation Notice.
- Website: Online Administrative Appeals (www.simpan.go.kr).
- Documents: Petition, Proof of Livelihood, Reflective Statement.
5. Critical Warnings: Do NOT Do This
1. Refusing the Breathalyzer
Never refuse. Refusing a police alcohol test is grounds for mandatory license cancellation and heavier criminal penalties.
2. Using a Fake ID
If caught, do not use a friend’s ID. This adds Obstruction of Justice charges, which often leads to immediate deportation.
3. Riding on the Sidewalk
PMs must use bike lanes or the road edge. Hitting a pedestrian on a sidewalk is a “12 Gross Negligence Accident,” leading to potential criminal prosecution regardless of insurance.
FAQ: Foreigners & Traffic Law
Q1: I have an International Driving Permit (IDP). Can I ride a scooter?
A: Yes, but DUI laws apply. If caught drunk, your right to drive in Korea using the IDP can be suspended.
Q2: Does a bicycle DUI also cancel my car license?
A: No. Bicycles are not “Automobiles” for license cancellation. However, you still pay a fine (30k~100k KRW).
Q3: Will this show up on my criminal record?
A:
- Simple PM DUI: Often handled as an administrative “Notification Fine,” which usually does not appear on a standard Criminal Record Check.
- PM Accident / Car DUI: Handled as a “Criminal Fine,” which DOES appear and affects visa reviews.
Summary Checklist for Foreigners
- 0.03% Limit: One drink = No driving (Car, Scooter, or Bike).
- License Risk: Scooter DUI = Car License Cancellation Risk.
- Visa Risk: Fines accumulate and affect renewals.
- Action: If caught, comply with the test, and contact a lawyer or administrative agent immediately if your job depends on driving.
Disclaimer: This post is for informational purposes only. Laws may change, and individual cases vary. Consult a qualified Korean lawyer for legal advice.
Attorney Paul
![[외국인 전문 변호사][ENGLISH SPEAKING KOREAN LAWYER]](https://lawfirmlibro.com/wp-content/uploads/2026/02/Gemini_Generated_Image_fwxnfqfwxnfqfwxn-768x768.jpeg)
