“If you have paid the fine for drinking on a kickboard, you can apply for your license immediately”… Public Conduct Commission points out ‘lack of legislation’

“There is an exception for drunk driving in cars, but the absence of kickboards is clearly unfair.”

An administrative judge ruled that restricting a person who was caught driving an electric kickboard while intoxicated and paying a fine from re-acquiring a driver's license for one year was excessive.

The Central Administrative Appeals Commission imposed a fine of 100,000 won and license cancellation on Mr. A, who was caught driving an electric kickboard, a personal mobility device, while drunk in November last year.

Afterwards, Mr. A tried to apply for the test to obtain a license again, but the Corporation did not accept the application, saying that the one year period of disqualification had not passed.

Accordingly, Mr. A filed for an administrative trial, arguing that since there is an exception clause in the Road Traffic Act that states that if a ‘punishment less than a fine’ is confirmed, a license can be obtained even during the period of disqualification, the fine should also be viewed with the same purpose.

However, the corporation maintained its position that the fine was not a punishment under the criminal law and therefore was not subject to exceptions. The purpose is that even if the fine is paid, the period of disqualification should still be applied.

However, the Public Conduct Commission accepted Mr. A’s claim. The committee said, “Compared to drunk driving of a car or motorcycle, the reason why drunk driving of a personal mobility device is subject to fines, detention, or fines is to impose a minor punishment because the risk is considered relatively low,” and added, “There is an exception rule that exempts the disqualification period for drunk driving of a car or motorcycle, which is more dangerous, but the absence of related regulations for kickboards is a clear lack of legislation.”

He continued, “If a person who meets the requirements and pays the fine cannot immediately obtain a license, and conversely, a person who fails to meet the requirements and is criminally punished or refuses to pay the fine and is summarily judged can obtain a license, this is completely against the purpose of the system,” and explained, “It is a contradictory situation in which only the person who paid the fine is disadvantaged.”

Attorney Byeon Kwan-hoon of Daeryun Law Firm, who represented Mr. A, said, “The fine system was originally created to simply end minor violations and help decriminalize them, but if only the payer is excluded from the relief provisions, a strange situation arises where they request summary judgment and induce punishment in order to obtain a license.” He added, “We were able to get the disposition canceled by actively explaining that it was a serious problem that ignored the legislative purpose of the fine system, which was to reduce unnecessary judicial waste.” said.

The Central Administrative Appeals Committee is a specialized administrative adjudication agency under the Anti-Corruption and Civil Rights Commission of the Republic of Korea established to hear and decide on appeals for judgment filed against the dispositions or omissions of central administrative agencies, special cities, metropolitan cities, provinces, and special local administrative agencies affiliated with the central administrative agencies.

Meanwhile, drunken electric kickboard accidents occur every year. In 2024, Mr. B was caught by the police after crashing into an SUV while driving an electric kickboard while drinking at an intersection in Songdo International City, Yeonsu-gu, Incheon, after violating a traffic signal. At the time of the accident, Mr. B's blood alcohol content was found to be above 0.08%, which is the level for license cancellation.

Also, at around 8 p.m. on August 31, 2025, a car traveling straight on a road near an underpass in Deokgi-dong, Ilsanseo-gu, Goyang-si, and Mr. C, a man in his 20s who was driving an electric kickboard on a crosswalk while drunk, collided. Immediately after the accident, Mr. C fled the scene, and the police caught him at his residence. It was reported that Mr. C's blood alcohol level was at a level that would have resulted in his license being revoked.

Reporter Seo Da-hee happiness@kyeonggi.com

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"If you pay the kickboard drinking fine, you can apply for a license immediately"... Public Administration Commission points out 'lack of legislation' (link)