(1) A person who violates Article 44 (1), (2), or (5) again within 10 years from the date on which his or her sentence becomes final and conclusive (including a person upon whom his or her sentence has lapsed) after having been sentenced to a fine or heavier punishment for violating Article 44 (1), (2), or (5) (limited to cases where the person drove a motor vehicle, etc. or a tram, but excluding cases where the person drove a personal mobility device; hereafter in this Article, the same shall apply) shall be punished according to the following classifications: <Amended on Jan. 3, 2023; Dec. 3, 2024>
1. A person who violates Article 44 (2) or (5) shall be punished by imprisonment with labor for not less than 1 year but not more than 6 years or a by fine not less than 5 million won but not exceeding 30 million won;
2. A person whose blood alcohol concentration is not less than 0.2 percent among those who violate Article 44 (1) shall be punished by imprisonment with labor for not less than two years but not more than six years or by a fine not less than 10 million won but not exceeding 30 million won;
3. A person whose blood alcohol concentration is not less than 0.03 percent but not exceeding 0.2 percent among those who violate Article 44 (1) shall be punished by imprisonment with labor for not less than one year but not more than five years or a by fine not less than five million won but not exceeding 20 million won.
(2) Any of the following persons shall be punished by imprisonment with labor for at least 1 year but not more than 5 years or by a fine of at least 5 million won but not more than 20 million won: <Amended on Dec. 3, 2024>
1. A person for whom there is reasonable ground to believe that he or she is in a state of intoxication and who has failed to comply with a breath test required by a police official under Article 44 (2) (limited to a person who has driven a motor vehicle, etc. or a tram);
2. A person for whom there is reasonable ground to believe that he or she is in a state of intoxication and who has engaged in an act of interfering with a breath test after driving a motor vehicle, etc. or tram, in violation of Article 44 (5).
(3) A person who drives a motor vehicle, etc. or tram while intoxicated, in violation of Article 44 (1) shall be punished according to the classification under each of the following subparagraphs:
1. A person whose blood alcohol content is not less than 0.2 percent shall be punished by imprisonment with labor for not less than two years but not more than five years or by a fine not less than 10 million won but not exceeding 20 million won;
2. A person whose blood alcohol content is not less than 0.08 percent but less than 0.2 percent shall be punished by imprisonment with labor for not less than one year but not more than two years or a by fine not less than five million won but not exceeding 10 million won;
3. A person whose blood alcohol content is not less than 0.03 percent but less than 0.08 percent shall be punished by imprisonment with labor for not more than one year or a by fine not exceeding five million won.
(4) A person who drives a motor vehicle, etc. or tram in a state that he or she is likely not to drive normally under the influence of drugs, in violation of Article 45 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 10 million won.[This Article Wholly Amended on Dec. 24, 2018][Paragraph (1) of this Article, which was found unconstitutional by the Constitutional Court on May 26, 2022, was amended by Act No. 19158 on January 3, 2023][Paragraph (1) of this Article, which was found unconstitutional by the Constitutional Court on August 31, 2022, was amended by Act No. 19158 on January 3, 2023][Paragraph (1) of this Article, which was found unconstitutional by the Constitutional Court on November 25, 2021, was amended by Act No. 19158 on January 3, 2023]