A driver drove a car while there was a risk of being unable to drive normally due to the influence of drugs such as narcotics, cannabis or psychotropic substances (first offense). Which statement is correct?
Driving under the influence of drugs and driving while fatigued or ill are in the same Article 45 of the Road Traffic Act, but their penalties (Articles 148-2(5) and 154) and license actions (Annex 28 of the Enforcement Rule) differ greatly. Also consider whether the scope of drugs (Article 2, Subparagraph 35) has anything to do with the alcohol standard.
Answer: ②
Explanation
Article 45(1) of the Road Traffic Act prohibits driving when there is a risk of being unable to drive normally due to drugs (Article 2(35): narcotics, psychotropic substances, cannabis and hallucinogenic substances). A violation is punishable under Article 148-2(5) by up to 5 years in prison or a criminal fine of up to 20 million won, and the license is revoked under item 6 of the revocation standards in Annex 28. A criminal fine of up to 300,000 won or detention is the penalty for driving while fatigued or ill, and drug-impaired driving applies regardless of blood alcohol concentration.
Legal basis: 도로교통법 제2조 제35호, 제45조 제1항, 제148조의2 제5항, 시행규칙 별표28 2. 제6호