ENGLISH

Traffic and Driving

Punishment of drivers of motor vehicles, etc.

Subjects and details of punishment

Punishment of drivers of motor vehicles, etc.

Punishment of traffic offenders

- Any person who violates a traffic rule while using a road shall be punished by imprisonment, penalty or detention. In some cases, a penalty or a fine and detention may be imposed together(Article 148～158 of the Road Traffic Act).

- In cases where the representative of a corporation, the agent of a person or a corporation, a user or an employee violates a law concerning the job of the corporation or person, not only the offender but also the corporation or the person shall be punished with a corresponding penalty or fine (Article 159 of the Road Traffic Act).

· In cases where the corporation or person concerned is proven to have exercised due caution and supervision, they shall not be punished by a penalty or a fine (Article 159 of the Road Traffic Act).

Subjects and details of punishment

Imprisonment of not more than 5 years or a penalty not more than KRW 15,000,000

- Any person who causes a traffic accident involving human death or injury and who does not stop immediately to take the necessary measures including the provision of assistance to casualties (excluding persons who fail to provide personal information to a victim pursuant to Article 54(1)2 of the Road Traffic Act, where it is evident that only a motor vehicle in the state of stoppage or parking is damaged) (Article 148 of the Road Traffic Act).

- Any person who increases the danger of accident on a road by operating a signal without permission or by removing, moving or damaging a traffic safety facility (Article 149(2) of the Road Traffic Act).

Imprisonment of not less than 2 year and not more than 5 years or a penalty of not less than KRW 1,0000,000 and not more than KRW 20,000,000

- Any person who violates the prohibition of driving while intoxicated more than once (Article 148-2(1) of the Road Traffic Act).

※ Any person who is found to have driven while intoxicated shall be punished according to the following classification (Article 148-2(3) of the Road Traffic Act).

Blood alcohol content	Punishment
≧ 0.2 percent	2 year ≦ imprisonment ≦ 5 years, or KRW 10 million ≦ penalty ≦ KRW 20 million
≧ 0.08 percent, < 0.2 percent	1 year ≦ imprisonment ≦ 2 year, or KRW 5 million ≦ penalty ≦ KRW 10 million
≧ 0.05 percent, < 0.1 percent	Imprisonment for not morethan 1 year or penalty not more than KRW 5 million

Imprisonment of not less than 1 year and not more than 5 years or a penalty of not less than KRW 5,000,000 and not more than KRW 20,000,000

- Any person who refuses the request of a police officer to take a breath test, while giving the strong impression that he/she is drunk (Article 148-2(2)2 of the Road Traffic Act).

Imprisonment of not more than 3 years or a penalty of not more than KRW 10 million

- Any person who drives a motor vehicle in such a state that he/she is unable to drive normally due to the effects of drugs (Article 148-2(3) of the Road Traffic Act)

※ Any person who drives a motor vehicle, etc. in such a state that he/she is unable to drive normally due to the effects of alcohol or drugs and who causes the death or injury of another person shall be punished as follows (Article 5-11 of the Act on the Aggravated Punishment of Specific Crimes).

· In cases where the driver causes injury to another person: imprisonment not less than 1 year and not more than 15 years or a penalty of not less than KRW 10 million and not more than KRW 30 million

· In cases where the driver causes the death of another person: penal servitude of an indefinite period or of three years or more

Imprisonment of not more than 3 years or a penalty of not more than KRW 7 million

- Any person who operates a signal without permission or removes, moves, or damages a traffic safety facility (Article 149(1) of the Road Traffic Act).

Imprisonment of not more than 2 years or a penalty of not more than KRW 5 million

- Any persons who commit or lead dangerous collective conduct involving the drivers of two or more motor vehicles, etc. who drive their motor vehicles, etc. in a row or side by side without justifiable grounds, in a manner that endangers other persons and causes danger to traffic (Article 150(1) of the Road Traffic Act).

Detention for not more than 2 years or a penalty of not more than KRW 5 million

- In cases where the driver of a motor vehicle damages the building or goods of another person due to disregard or gross negligence (Article 151 of the Road Traffic Act).

Imprisonment for not more than one year or a fine not exceeding five million won

- A person who violently drives a motor vehicle, etc. in violation of Article 46-3 of the 「Road Traffic Act」 (Article 151-2, Item 1 of the Road Traffic Act)

- A person who has driven a car, etc. three or more times at a speed exceeding 100 km/h per hour than the maximum speed (Article 151-2, Item 2 of the Road Traffic Act )

Imprisonment of not more than 1 year or a penalty of not more than KRW 3 million

- Any person who drives a motor vehicle without having obtained a driver's license (excluding a motorcycle driver's license) (including cases where the driver's license has been suspended) or an international driver's license (including cases where the driving of any motor vehicle is prohibited and the effective period has expired) (Article 152(1) of the Road Traffic Act).

- Any employer, etc. who is found to have compelled or caused a person without a driver's license (including any person whose driver's license has been suspended) to drive a motor vehicle (Article 152(2) of the Road Traffic Act).

- Any person who has obtains a driver's license or a certificate of a driver's license or any certificate in lieu of a driver's license by fraudulent or illegal means (Article 152(3) of the Road Traffic Act).

- Any person who illegally disposes of an object(s) on a road, thereby endangering or impeding the flow of traffic (Article 152(4) of the Road Traffic Act).

Imprisonment of not more than 6 months or a penalty of not more than KRW 2 million or detention

- Any person who is found to have caused or compelled another person to drive a motor vehicle that has not been properly maintained in accordance with the Motor Vehicle Management Act or the Construction Machinery Management Act or its order, or who has driven such a motor vehicle (Article 153(1)1 of the Road Traffic Act)

- Any person who has disobeyed, refused or even impeded a police officer’s request, measure or order in accordance with Article 41 of the Road Traffic Act (Checks of vehicles in poor repair), Article 47 of the Road Traffic Act (Police officer’s measures for unlicensed driving or driving under the influence of alcohol or drugs) or Article 58 of the Road Traffic Act (Police officer’s measures against danger on expressway)(Article 153(1)2 of the Road Traffic Act).

- Any person who manufactures, imports, sells, or installs a device designed to interfere with the functions of traffic regulation equipment for the purpose of avoiding traffic regulation (Article 153(1)3 of the Road Traffic Act).

- Any person who drives a motor vehicle installed with a device designed to interfere with the functions of traffic regulation equipment (Article 153(1)4 of the Road Traffic Act).

- Any person who impedes the act of making a report or taking measures in the event of a traffic accident (Article 153(1)5 of the Road Traffic Act).

- Any person who has installed traffic safety facilities or other artificial structures similar thereto without permission (Article 153(1)6 of the Road Traffic Act)

- Any person who drives a motor vehicle in violation of the necessary conditions for a driver’s license, which delimit the structure of a motor vehicle (Mom and Baby) (Article 153(1)7 of the Express Road Traffic Act).

A fine not exceeding one million won or penal detention

- A person who drove on an expressway, an exclusive road for motor vehicles or a road with a median by deliberately violating the provisions of Article 13.(3) of the Road Traffic Act (Article 153.(2), Item 1 of the Road Traffic Act)

- A person who drives a car, etc. at a speed exceeding 100 km/h than the maximum speed (Article 153 (2), Item 2 of the Road Traffic Act)

Penalty of not more than KRW 300,000 or detention

- Any person who uses paintings, signs, etc. similar to those used by vehicles for traffic control or criminal investigation purposes or by other emergency vehicles on his/her motor vehicle, or who drives a motor vehicle equipped with such paintwork, markings, etc. (Article 154(1) of the Road Traffic Act)

- Any person who drives a motorcycle without obtaining a motorcycle license (including when the license is suspended) or without obtaining an international driver's license that indicates applicability to motorcycle driving (including when driving motorcycle is prohibited and when the license has expired) (Article 154-2 (Subparagraph 2) of the Road Traffic Act).

- Any person who drives a motor vehicle in such a state that he/she is unlikely to be able to drive normally or safely due to the influence of overwork or disease (Article 154(3) of the Road Traffic Act).

- An operator who operated a school bus for children without carrying a guardian (Article 154, subparagraph 3-2 of the Road Traffic Act)

- Drivers who have not confirmed whether a child or infant has alighted (Article 154, subparagraph 3-3 of the Road Traffic Act)

- Drivers who have not activated the child disembarkation check device. However, except for cases in which the device cannot be operated by temporarily removing the device for inspection or repair (Article 154, subparagraph 3-4 of the Road Traffic Act).

- A person who affixes a guardian's ride sign on a child's school bus running without carrying a guardian (Article 154, subparagraph 3-5 of the Road Traffic Act)

- Any person who fails to make a report or to take the necessary measures in the event of a traffic accident (Article 154(4) of the Road Traffic Act).

- Any employer who is found to have compelled or caused another person who has not obtained a motorcycle license (including when the license is suspended) or obtained an international driver's license that indicates applicability to motorcycle driving (including when driving motorcycle is prohibited and when the license has expired), to drive a motorcycle (Article 154-5 of the Road Traffic Act).

- Any person who has walked or crossed an expressway, etc. as a pedestrian or as a rider of a horse or a driver of a vehicle other than a motor vehicle (as regards two-wheeled vehicles, only emergency vehicles are included)(Article 154(6) of the Road Traffic Act).

- Any person who violates a corrective order given by the head of a police station after installing a traffic safety facility or such structure without permission, left an object impeding the traffic on the road, installed a structure which could impede the traffic, or carried out such construction work (Article 154(8) of the Road Traffic Act).

- A person who has driven a car, etc. at a speed exceeding 80 kilometers per hour than the maximum speed (Article 154 subparagraph 9 of the Road Traffic Act)

Penalty of not more than KRW 200,000 or detention

- Any person who fails to comply with the request of a police officer to produce his/her driver's license or to make a statement so as to identify the driver (Article 155 of the Road Traffic Act).