Prohibition of unlicensed driving, etc. 
Prohibition of unlicensed driving- In order to drive a vehicle or a motorcycle, the driver must obtain a driver’s license.
※ A 'motorcycle' is a two-wheeled vehicle with a displacement of less than 125cc among two-wheeled vehicles provided for in Article 3 of the Motor Vehicle Management Act or a vehicle with a displacement of less than 125cc (where the vehicle is powered by electricity, less than 11kw of rated power) (Article 2(19) of the 「Road Traffic Act」).
- The Road Traffic Act prohibits both those who have not obtained a driver's license and those who have a suspended license from driving any motor vehicle (Article 43 of the Road Traffic Act).
Penal provisions- Anyone who drives a motor vehicle without obtaining or having a driver’s license (except a motorcycle license) or with a suspended license shall be punished by imprisonment of not more than 1 year or a fine of not more than KRW 3,000,000 (Article 152(1) of the Road Traffic Act).
- Anyone who drives a motorcycle without a license shall be punished by a fine of not more than KRW 300,000 or penal detention (Article 154(2) of the Road Traffic Act).
- Any individual who has been sentenced to a punishment more severe than a fine due to a violation of the provisions concerning the prohibition of unlicensed driving or the prohibition of driving with a suspended license cannot reacquire a driver’s license until the following period has passed from the day of the violation(or suspension in the case of a suspended license)(Article 82(2)1 of the Road Traffic Act).
|
Classification of licenses |
Period of disqualification |
|
Licenses except motorcycle license |
1 year |
|
Motorcycle license |
6 months (1 year in the case of a violation of the provision on dangerous collective conduct) |
※ The drivers of two or more motor vehicles, etc. shall be prohibited from driving their motor vehicles, etc. in a close line or side by side without justifiable grounds, in a manner which endangers other persons and other traffic, otherwise known as the prohibition of dangerous collective conduct (Article 46(1) of the Road Traffic Act).
- Any person who causes the death of or injury to another person as a result of unlicensed driving or who violates the duty to take action in the event of an accident shall be prohibited from acquiring a driver’s license for 5 years from the day on which he/she violates the provision (Article 82(2)1 of the Road Traffic Act).
- Any person who violates the provision concerning the prohibition of unlicensed driving on more than two occasions shall be prohibited from acquiring a driver’s license for 2 years from the day on which he/she violates the relevant law (in the case of a person who license has been suspended, the date of revocation of his/her license due to a violation)(Article 82(2)2 of the Road Traffic Act).
※However, in the case where a sentence of a penalty less than a fine or a suspension of sentence is upheld, indictment is suspended or a protective disposition according to Article 32 of the Juvenile Act is determined, a driver’s license can be issued even during the period above (Article 82.(2) of the Road Traffic Act).