Korean Constitutional Court Upholds License Suspension for Repeat DUI Offenders

On June 27, 2025, the Constitutional Court of Korea ruled that the provision in the Road Traffic Act, which mandates the cancellation of a driver's license and a two-year prohibition on obtaining a new one for individuals convicted of drunk driving more than once, is constitutional. The court reached a unanimous decision, stating that this regulation does not violate the principles of excessive prohibition nor infringe upon general freedom of action or occupational freedom.

The case involved an individual, referred to as A, who had his license suspended in March 2007 for drunk driving and was subsequently caught again in June 2022, leading to the cancellation of his license and a two-year ban on reapplication. A argued that this law infringes on the basic rights of those who rely on driving for their livelihood. Another individual, B, also filed a constitutional complaint, claiming that the law violates occupational and general freedoms.

The Constitutional Court maintained that while the restriction on obtaining a driver's license for two years is significant, it is justified given the severe consequences of drunk driving, which endangers not only the driver's life but also the lives of innocent individuals and can devastate families. The court emphasized that the societal harm caused by drunk driving far outweighs the personal inconvenience of the license suspension.

Furthermore, the court noted that the law's uniform two-year disqualification period does not constitute excessive punishment, even without considering individual circumstances such as the time elapsed since previous offenses or the specifics of the drunk driving incident.