I rode as a passenger with a drunk driver. If an accident occurs due to the driver's carelessness, am I also held liable?

Please bear in mind that this consultation is provided without a clear understanding of the details of your inquiry.

In the case of riding as a passenger with a drunk driver, you may be subject to punishment even if you did not drive under the influence yourself.

This is because it can constitute aiding and abetting by overlooking another person's crime, but the punishment may vary depending on how the aiding occurred.

For example, if you knew that your friend was intoxicated but would drive and still provided the car key, it is regarded as physical aiding. If you rode along after recommending or encouraging driving in an intoxicated state, it is regarded as psychological aiding.

In this case, if you actively aided, you may be punished by imprisonment for up to three years or a fine of up to 10 million won.

If you knew of the driver's intoxication but simply did not stop them, you may be punished by imprisonment for up to one year and six months or a fine of up to 5 million won.

However, this punishment applies where there was no injury to a victim resulting from a traffic accident.

A passenger who rode with a drunk driver will undergo a police investigation after the drunk driving is detected, and if you need assistance in responding to the police investigation in this case, I recommend that you obtain the assistance of an attorney experienced in drunk driving cases.

In this case, whether you knew of your friend's intoxication and whether you tried to stop the driving become the key points of the investigation.