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Driver's License

Grounds for Driver´s License Suspension

Driver´s License Suspension Criteria

Procedure of Driver´s License Suspension

Grounds for Driver's License Suspension

Suspension of Driver's License

- A driver's license holder who commits a traffic infringement or causes a traffic accident while driving is suspended from driving for a set period of time. (Article 93 of the Road Traffic Act; Article 91(1) and Attached Table 28 of the Enforcement Regulations of the Road Traffic Act)

Driver's License Suspension Criteria

Driver's License Suspension due to Accumulated Demerit Points and Penalty Points

- Your driver's license will be suspended if you receive 40 or more demerit points or penalty points for a single infringement or accident. (No. 1-c(2) of Attached Table 28 of the Enforcement Regulations of the Road Traffic Act)

Detailed Criteria of Driver's License Suspension

① Issue of Demerit Points for Infringements (No. 3-a of Attached Table 28 of the Enforcement Regulations of the Road Traffic Act)

Penalty points	Violations
100	Speed violations (exceeding 100 km/h) Drivers exceeding the fixed alcohol degree (more than 0.03% and below 0.08% of the blood alcohol level) Drivers charged for special injuries, etc. (retaliatory driving) under “criminal law” by automobiles, etc.
80	Speed violations (exceeding 80 km/h and less than 100 km/h)
60	Speed violations (exceeding 60/h and less than 80 km/h)
40	Drivers not complying with measures required for stopping/parking violations (only applicable to organizations or groups that obstructed traffic more than three times by disobeying the police officer’s transfer orders). Drivers charged criminally for collaborative risk actions. Drivers charged criminally for reckless driving. Drivers’ violation of safe driving obligations (only applicable to organization or groups that caused danger or harm to other persons for more than three times by disobeying the police officer’s orders for safe driving). Driving without stopping passengers’ act of disturbance. Drivers who were not judged for summary decision within 60 days after the attendance period or fine payment expiration date.
30	Drivers violating designated traffic lines (only applies to central line invasions). Speed violations (exceeding 40 km/h and less than 60 km/h) Drivers violating railroad crossing transit methods. Drivers violating of special protection rules on children’s school bus. The children's school bus driver disobeying assigned duties (excluding drivers not ordering children to fasten their seatbelts). Drivers going through the shoulder of highways, or roads exclusively for motor vehicles. Drivers violating passing highways, roads exclusively for buses or high-occupancy vehicles. Drivers refusing to show their driver’s license or uncooperative with the police officer’s questions to verify the driver’s ID.
15	Drivers breaching Signals or Instructions Speed violations (exceeding 20 km/h and less than 40 km/h) Speed violations (only applicable to drivers exceeding the speed limit of 20km/h in the children protection zone from 8 AM to 8 PM). Drivers violating no passing time/zones, Drivers violating load limits or preventions of luggage from falling. Drivers using cell phones while driving. Drivers displaying videos in visible locations. Drivers operating video display terminals while driving. Drivers driving tachograph-uninstalled cars, etc.
10	Drivers violating designated traffic lines (sidewalk encroachment, cross-sectional method violations). Drivers violating designated lanes (including changing lanes in banned areas). Drivers violating designated car-only lanes on roads. Drivers not keeping safe distances (including course change method violations). Drivers violating no passing methods. Drivers not observing passenger protection rules (including stop line violations). Drivers breaching fall prevention methods for passengers or vehicles to board/alight. Drivers violating safe driving duties. Drivers obstructing vehicles or horses from passing by disputing or fighting on the road. Drivers throwing or shooting rocks, glass bottles, metal pieces, or other objects that may damage or harm people, vehicles, or cars on the road. Drivers throwing things out of his/her car running on the road.

② Issue of demerit points for accidents (No. 3-b-(1) of Attached Table 28 of the Enforcement Regulations of the Road Traffic Act)

Classification		Demerit points	Details
Accidents resulting in injury or death	For every one death	90	Death within 72 hours after the accident
	For every one grave injury	15	Victim diagnosed as requiring treatment for three weeks or longer
	For every one minor injury	5	Victim diagnosed as requiring treatment for more than five days and less than three weeks
	For every one reported injury	2	Victim diagnosed as requiring treatment for less than five days

③ Issue of demerit points for failure to provide aid after an accident (No. 3-b-(2) of Attached Table 28 of the Enforcement Regulations of the Road Traffic Act)

Inaction	Demerit points	Details
Inaction associated with a traffic accident	15	Leaving the scene after causing a traffic accident resulting in material/property damage
	30	Failing to provide relief to victims at the time of accident, but making a voluntary report at a later time. A voluntary report is made within three hours after an accident in Ri or Dong, in which a police station is located, located in a precinct of a highway, metropolitan city, city, or Gun (12 hours in other areas).
	60	No voluntary report made within 3 hours after an accident, but a voluntary report is made within 48 hours.

Reduction of penalty points and suspension period (No. 1-d of Attached Table 28 of the Enforcement Regulations of the Road Traffic Act)

- A driver with less than 40 penalty points can receive a deduction of 20 points by participating in special traffic safety education; 20 points shall be deducted from the date on which an education certificate is submitted to the chief of a police station.

· A driver with less than 40 penalty points gets a deduction of 20 points when a certificate is submitted at a police station after completing the traffic law education.

· If the driver is penalized with license suspension or completed the (encouraged) law observance education among mandatory or recommended special traffic safety courses, 20 days shall be reduced from his/her suspension period after submitting the training certificate to the police superintendent. However, suppose the suspension period is reduced for the corresponding violation through administrative judgments or litigations or deliberations from the Driver's License Administrative Measure Deliberative Committee. In this case, there shall be no additional period reductions, except for deducting 20 accumulative points for suspension mitigations.

· A driver with a suspended driver's license can get an additional deduction of 30 days from his or her suspension period by submitting a certificate at a police station after completing both the traffic knowledge education and traffic participation education. No additional deduction is applied if a deduction of suspension period has already been applied for a given infringement by the Driver's License Administrative Penalty Appeal Review Committee, or through an administrative lawsuit.

- Reduction of suspension period of model drivers (a driver with no accident history, a recipient of honorable driver recognition, or an individual who does traffic safety volunteer work)

· Suspension period of a model driver, a driver with no accident history, a recipient of honorable driver recognition, or an individual who does traffic safety volunteer work, will be reduced by half. However, no reduction is applied if his or her penalty points include demerit points that caused a traffic accident.

- No grades or classes in the Calculation of Suspension Periods

· No grades or classes are considered in the calculation of suspension periods. An original suspension period and an additional suspension period cannot add up to be more than one year.

Procedure of Driver's License Suspension

Suspension of Driver's License

- A suspended driver's license must be returned to the Road Traffic Authority. It is returned to the driver after the set suspension period ends. (Articles 138(1) and 95(3) of the Road Traffic Act)

Notification of Suspension

- The commissioner of a district police agency must notify the holder of the reason for suspension and schedule to be suspended, and the period in which a dispute can be made. The driver thus can file for an administrative lawsuit within a specified period. (Article 93(4) of the Road Traffic Act)

Return of Driver's License

- If 40 or more demerit points are accumulated for a single infringement or multiple infringements, the offending driver will receive a driver's license suspension notice. The offending driver can make a statement, and must return his or her driver's license. (Article 95(1) of the Road Traffic Act; Article 91(1) and Attached Table 28 of the Enforcement Regulations of the Road Traffic Act)

- A police officer can collect a driver's license from an offending driver who fails to return it voluntarily. (Article 95(2) of the Road Traffic Act)

- A penalty payment of 30,000 won can be incurred by a driver who fails to return a driver's license after being notified. (Article 95 of the Road Traffic Act; No. 70 of Attached Table 7 of the Enforcement Decree of the Road Traffic Act)

Temporary Driver's Certificate

- The holder of a suspended driver's license, upon returning his or her driver's license, can apply for a temporary driver's certificate to drive for its valid period of up to 40 days, which can be extended by up to 20 days by the chief of a police station if deemed appropriate. Such a driver cannot drive at the end of the valid period of the temporary driver's certificate as the suspension of his or her driver's license takes effect. (Article 88(2) and No. 1-b-(5) of Attached Table 28 of the Enforcement Regulations of the Road Traffic Act)

- The holder of a suspended driver's license can waive his or her right to a temporary driver's certificate and start his or her suspension period immediately. Upon starting the suspension period, he or she will no longer be allowed to drive.