Obligation to submit to a clampdown by the police
Obligation to submit to a breath test
- When a police officer sees a considerable reason for concluding that someone is driving a motor vehicle while intoxicated or feels the necessity to secure the safety of traffic and prevent danger, he/she may require the driver to take a breath test. In such cases, the driver shall submit to the test (Article 44(2) of the Road Traffic Act).
※ In cases where a driver refuses the request of a police officer to submit to a breath test, even though he/she has driven while intoxicated or when there is sufficient reason to conclude that he has driven while intoxicated, his license shall be revoked (Enforcement Regulation of the Road Traffic Act, Article 91, Attached table 28(2)2, 3, and (3)2).
※ Any driver who refuses a police officer’s request to submit to a breath test while displaying sufficient signs of being drunk shall be punished by imprisonment of not less than 2 years but not more than 5 years, and a fine of not less than KRW 10,000,000 but not more than KRW 20,000,000 (Article 148-2(1) of the Road Traffic Act).
※ Any driver whose license has been revoked on account of a violation of the obligation to submit to a breath test on more than two occasions cannot reacquire a new license until at least two years have elapsed since the revocation of the driver’s previous license (Article 82(2)6 of the Road Traffic Act).
- Any driver who refuses to accept the result of a breath test may be tested again by another method such as a blood test upon his/her consent (Article 44(3) of the Road Traffic Act).
Clampdown on poorly repaired vehicles
- When a motor vehicle deemed to have been poorly repaired is being driven, police officers may first stop the motor vehicle and then request the driver of such motor vehicle to produce the motor vehicle registration certificate or driver's license, and check the vehicle (Article 41(1) of the Road Traffic Act).
- When a motor vehicle is found to have been poorly repaired as a result of the check, depending on the extent of its poor maintenance, police officers may allow the driver to drive the motor vehicle after taking the necessary emergency measures or allow the driver to continue driving after determining the section and the traffic route and laying down the conditions needed to prevent danger in consideration of the traffic conditions (Article 41(2) of the Road Traffic Act).
- When the state of maintenance of a motor vehicle is found to be extremely poor and hence the motor vehicle is likely to be a danger to public safety, the Commissioner of the Local Police Agency may keep the registration certificate of the motor vehicle in custody and order the driver to stop driving until the vehicle has been properly repaired. In such cases, where deemed necessary, the Commissioner may set a maintenance deadline of 10 days and order a suspension of the use of the motor vehicle in question during that period (Article 41(3) of the Road Traffic Act).
※ Any driver who fails to follow, refuses or even obstructs such request, measure or command of a police officer shall be punished by imprisonment of not more than 6 months or a fine of not more than KRW 2,000,000 or penal detention (Article 153(1)2 of the Road Traffic Act).
Prohibition of quarrels or disputes on the road
It is prohibited to engage in quarrels or disputes while travelling on a public highway.
- Drivers shall not impede motor vehicles or horse traffic by engaging in a quarrel or dispute, etc. while driving or parking their motor vehicle, etc. on the road (Article 49(1)5 of the Road Traffic Act).
Penal provision (Article 156(1) of the Road Traffic Act, Enforcement Decree of the Road Traffic Act, Attached Table 8 no.35, and Enforcement Regulation of the Road Traffic Act, Attached Table 28 no.3 A.28).
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Violation
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Penalty(KRW)
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Penalty points
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Quarrel or dispute on the road
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Vans: 50,000 Cars: 40,000 Two-wheeled vehicles: 30,000 Bicycles: 20,000
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10
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Restrictions on noise
It is prohibited to deliberately generate noise with your motor vehicle that may disturb or harm other people.
- Drivers shall not generate noise that disturbs or harms other persons by performing one of the following acts without justifiable reason (Article 49(1)8 of the Road Traffic Act).
· The act of starting or accelerating a motor vehicle abruptly.
· The act of increasing the motor's revolutions per minute without transmitting the power of the motor to the wheels.
· The act of repeatedly or continuously sounding the horn.
Penal provision (Article 156(1) of the Road Traffic Act, Enforcement Decree of the Road Traffic Act, Attached Table 8 no.36)
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Violation
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Penalty(KRW)
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Penalty points
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Causing noise by abrupt starting of motor; abrupt acceleration of motor; continuous idling of motor; or repeated sounding of car horn, etc.
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Vans: 50,000 Cars: 40,000 Two-wheeled vehicles: 30,000 Bicycles: 20,000
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10
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※ Prohibition of disorderly conduct
- Drivers shall not neglect or ignore disorderly conduct on the part of their passengers in their vehicle while driving.
· Drivers shall not neglect any disorderly conduct, including dancing, which could seriously impede safe travel while driving their vehicle (Article 49(1)9 of the Road Traffic Act).
- Penal provision
· Penalty points: 40; Penalties (Vans: KRW 100,000; Cars: KRW 90,000; Two-wheeled vehicles: KRW 60,000)(Article 156(1) of the Road Traffic Act, Enforcement Decree of the Road Traffic Act, Attached Table 7 no.2, and Enforcement Regulation of the Road Traffic Act, Attached Table 28 no.3 A.6)
Prohibition of use of mobile phone while driving
It is prohibited to use a mobile phone while driving.
- Drivers are prohibited from using a cellphone (including a car phone) while driving a motor vehicle, etc. (Article 49(1)10 of the Road Traffic Act).
- However, the use of a cell phone is permitted in the following cases (Article 49(1)10 of the Road Traffic Act, Article 29 of the Enforcement Decree of the Road Traffic Act).
· In cases where the driver stops his/her vehicle, etc.
· In cases where an emergency motor vehicle is being driven.
· In cases where it is necessary to report without delay an accident or certain types of crime.
· In cases where a driver is using a device which enables the hands-free handling of a cell phone (including a car phone), provided that it does not impede the safe driving of the motor vehicle concerned.
Penal provision (Road Traffic Act, Article 156(1), Enforcement Decree of the Road Traffic Act, Attached Table 8 no.15, and Enforcement Regulation of the Road Traffic Act, Attached Table 28 no.3 A.17)
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Violation
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Penalty(KRW)
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Penalty points
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Use of a mobile phone while driving
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Vans: 70,000 Cars: 60,000 Two-wheeled vehicles: 40,000 Bicycles: 30,000
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15
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Prohibition of watching DMBs, etc. while driving
It is prohibited to watch DMBs, etc. while driving.
- Drivers shall not use a device to receive or play images such as broadcasts (including portable devices, hereinafter VDUs (Visual Display Unit)) within their range of vision while driving (Article 49(1)11 of the Road Traffic Act).
- It is permitted to display images in the following cases (Article 49(1)11 of the Road Traffic Act).
· In cases where the motor vehicle has stopped.
· In cases where the VDU of a motor vehicle displays one of the following images:
√ Geographic or traffic information images;
√ Images informing the driver of an emergency such as a national emergency, disaster, etc.;
√ Images that help the driver to see the left and right-hand sides or the front and rear of the motor vehicle, etc. while driving.
- Drivers shall not handle a VDU while driving: Provided, that they may handle a VDU while the motor vehicle, etc., is at a standstill (Article 49(1)11-2 of the Road Traffic Act).
Penal provision (Article 156(1) of the Road Traffic Act, Enforcement Decree of the Road Traffic Act, Attached Table 8 nos.15-2, 15-3 and Enforcement Regulation of the Road Traffic Act, Attached Table 28 nos.3 A. 17-2, 17-3)
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Violation
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Penalty(KRW)
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Penalty points
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Display of images on a VDU installed in a position which is visible to the driver while driving, handling a VDU while driving
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Vans: 70,000 Cars: 60,000 Two-wheeled vehicles: 40,000 Bicycles: 30,000
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15
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Obligation to stop temporarily to protect the mobility handicapped
Drivers shall stop their motor vehicle temporarily in order to protect the mobility handicapped.
- Drivers shall stop temporarily in the following cases (Article 49(1)2 of the Road Traffic Act).
· When a driver recognizes the possibility of a traffic accident involving children, including cases where a child is crossing a road alone, or where a child is sitting, standing or playing on the road.
· When a blind person holding a white cane or accompanied by a guide dog is crossing the road.
· When physically disabled persons or senior citizens who are unable to use road-crossing facilities, such as underpasses and overpasses, are crossing the road.
Penal provision (Article 156(1) of the Road Traffic Act, Enforcement Decree of the Road Traffic Act, Attached Table 8 no.14)
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Violation
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Penalty(KRW)
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Failure to stop one’s motor vehicle temporarily in order to protect the mobility handicapped, children or blind persons
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Vans, etc.: 70,000 Cars, etc.: 60,000 Two-wheeled vehicles, etc.: 40,000 Bicycles, etc.: 30,000
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Prohibition of dangerous collective conduct
It is prohibited to harm other persons or cause danger to traffic by means of dangerous collective conduct.
- The drivers of two or more motor vehicles, etc. shall be prohibited from driving their motor vehicles, etc. in a row or side by side without justifiable grounds, in a manner that endangers other persons or causes danger to other road users (Article 46(1) of the Road Traffic Act).
- Passengers in a motor vehicle, etc. shall not take the lead in, initiate or encourage any dangerous collective conduct (Article 46(2) of the Road Traffic Act).
Penal provision
- The license of a driver who violates the prohibition of dangerous collective conduct may be revoked or suspended for not more than one year (Article 93(1)5 of the Road Traffic Act).
- Anyone who engages in, initiates or leads dangerous collective conduct shall be punished by imprisonment of not more than 2 years or by a fine of not more than KRW 5,000,000 (Article 150(1) of the Road Traffic Act).
Prohibition of reckless driving
Prohibited acts
- The driver of a motor vehicle, etc. shall not commit two or more of the following consecutively or commit any of the following continuously or repetitively, and thus endanger other persons and cause danger to traffic (Article 46-3 of the Road Traffic Act):
· Violating the signals
· Driving over the centerline
· Violating the speed limit
· Violating the prohibition of crossing, U-turn or backing
· Not assuring a safe distance, violating the prohibition of lane change, violating the prohibition of sudden braking
· Violating the prescribed method of overtaking or the prohibition to interrupt overtaking
· Generating noise without any justifiable reasons
· Violating the prescribed method of overtaking on expressways
· Violating the prohibition of crossing, U-turn or backing on expressways
Traffic safety education
- Any person who subject or to be subject to a disposition taken to suspend the effect of his/ her driver’s license on the grounds of reckless driving and for whom the suspension period has yet to elapse must receive special traffic safety education (Article 73(2).2 of the Road Traffic Act).
- The said person may be allowed to postpone such special traffic safety education, where there is an unavoidable circumstance (the latter part of Article 73(2).2 of the Road Traffic Act).
Sanctions on violation
- When a person who has obtained a driver’s license (excluding any student license) drives recklessly, the Commissioner of a Local Police Agency may revoke the driver’s license or suspend the effect thereof within an extent of up to one year (Article 93.(1).5-2 of the Road Traffic Act).
- When a driver of any motor vehicle drives recklessly, he/she shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won (Article 151-2 of the Road Traffic Act).
Special protection of school buses for children
What is a school bus for children?
- Vehicles that are used for transporting children (refers to persons under than the age of 13) to and from educational establishments among any of the following establishments and vehicles that provide transport services for children with a temporary license in accordance with Article 4(3) of the Passenger Transport Service Act (Article 2(23) of the Road Traffic Act).
· Kindergartens and Early Childhood Education Promotion Agency provided for in the Early Childhood Education Act, elementary schools, special schools, alternative schools, and foreign schools provided for in the Elementary and Secondary Education Act.
· Daycare centers provided for in the Infant Care Act.
· Private teaching institutes and classrooms established pursuant to the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons.
· Sports facilities established pursuant to the Installation and Utilization of Sports Facilities Act.
· Welfare facilities for the disabled in accordance with the Child Welfare Act (excluding vocational rehabilitation facilities for the disabled)
· Youth training facilities in accordance with the 「Youth Activity Promotion Act」
· Welfare facilities for the disabled in accordance with the 「Welfare for the Disabled Act」 (excluding vocational rehabilitation facilities for the disabled)
· Public libraries in accordance with the 「Library Act」
· City/Do Lifelong Education Promotion Agency and Si/Gun/Gu Lifelong Learning Centers under the 「Lifelong Education Act」
· Social welfare facilities and social welfare centers under the 「Social Welfare Business Act」
School buses for children shall be granted special protection.
- When any school bus for children stops on the road and operates such devices as warning lamps, indicating that children or infants are boarding or alighting, the driver of any motor vehicle driving in the lane on which the school bus has parked and the driver of any other motor vehicle that is driving in the lane just next to the former lane shall temporarily stop before reaching the school bus, and then drive slowly after ensuring the safety of such a maneuver (Article 51(1) of the Road Traffic Act).
- In the above case, the driver of any motor vehicle driving in the opposite direction on a road along which no median line is marked or along a two-lane road shall temporarily stop the motor vehicle before reaching the school bus, and then drive slowly after ensuring the safety of such a maneuver (Article 51(2) of the Road Traffic Act).
- Drivers of any motor vehicle shall be prohibited from overtaking any school bus carrying children and bearing a sign or other indication to the effect that children or infants are aboard (Article 51(3) of the Road Traffic Act).
Penal provision (Article 156(1) of the Road Traffic Act, Enforcement Decree of the Road Traffic Act, Attached Table 8 no.38 and Enforcement Regulation of the Road Traffic Act, Attached Table 28 no.3 A. 10-2)
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Violation
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Penalty(KRW)
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Penalty points
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Failure to provide school bus for children with special protection
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Vans,etc.: 100,000 Cars,etc.: 90,000 Two-wheeled vehicles,etc.: 60,000
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30
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□ Requirements for drivers of autonomous driving motorvehicles
□ Duty of care of drivers of semi-autonomous driving system
-The driver of a vehicle equipped with an autonomous driving system that doesnot constitutes a fully autonomous driving system prescribed by Ordinance ofthe Ministry of the Interior and Safety shall respond to the request for directdriving of the autonomous driving system without delay and operate the steeringsystem, brake system, and other equipment in person to drive the motor vehicle.(Article 50-2(1) of the Road Traffic Act).
□ Penalties for violations
- Adriver who violates the foregoing shall be punished by a fine not exceeding 200,000won, by misdemeanor imprisonment, or by a minor fine (subparagraph 6-2 of Article156 of the Road Traffic Act).