CONTENTS
- 1. Traffic Accident Penalty Points | Concept
- 2. Traffic Accident Penalty Points | Administrative Disposition
- - Criteria for License Revocation Based on Accumulated Penalty Points
- 3. Traffic Accident Penalty Points | Reduction of Enforcement Days
- - Criteria for Reduction of Disposition Penalty Points
- - Criteria for Reduction of the Suspension Period
- 4. Traffic Accident Penalty Points | Revocation of the Administrative Disposition
- - Requirements for Revocation of an Administrative Disposition
- - Grounds and Criteria for Reduction of an Administrative Disposition
- - Objection and Procedure
- 5. Traffic Accident Penalty Points | Objection
- - Remedy Through Administrative Adjudication
- - Remedy Through Administrative Litigation
- 6. Traffic Accident Penalty Points | Step-by-Step Support
1. Traffic Accident Penalty Points | Concept
Traffic accident penalty points are points imposed in the event of a traffic law violation or a traffic accident, taking into account the severity of the violation and the extent of the damage, among other factors.
Due to these penalty points, an administrative disposition such as a suspension or revocation of the driver's license may be imposed, and once the points reach a certain level, they have a direct effect on the driver's license.
2. Traffic Accident Penalty Points | Administrative Disposition
Penalty points imposed due to a traffic accident do not merely remain on record; once a certain number of points accumulates, they can lead to a suspension or revocation of the driver's license.
In particular, in the case of drunk driving (DUI) or a serious traffic accident, an administrative disposition can be determined by even a single violation, so it is important to accurately understand the criteria for the accumulation of penalty points and the manner of disposition.
Criteria for License Revocation Based on Accumulated Penalty Points
If a driver repeatedly causes traffic accidents or violates traffic laws within a certain period and the penalty points accumulate, a license revocation is imposed according to the following criteria.
Accumulated penalty points of 201 or more over 2 years
Accumulated penalty points of 271 or more over 3 years
Even if the license is not revoked immediately, if penalty points or disposition penalty points of 40 or more are imposed for a single violation or accident, a license suspension is imposed.
A suspension is enforced in the following manner.
Example: 45 penalty points means a 45-day driver's license suspension
3. Traffic Accident Penalty Points | Reduction of Enforcement Days
If a driver receives a driver's license suspension disposition or disposition penalty points due to a traffic accident or a violation of regulations, a system is in place that allows the penalty points or the suspension period to be reduced when certain requirements are met.
A representative example is the reduction system through the 'Special Traffic Safety Education.'
Criteria for Reduction of Disposition Penalty Points
A driver with disposition penalty points of fewer than 40 may reduce the penalty points through a reduction application after completing the special traffic safety education recognized by the chief of the police station.
▷ Reduction Requirements
After completing the 'compliance education' within the special traffic safety recommended education or the special traffic safety mandatory education, submit the education completion certificate to the chief of the police station
▷ Reduction Effect
A reduction of 20 disposition penalty points
Criteria for Reduction of the Suspension Period
If a driver receives a driver's license suspension disposition due to a traffic accident or a violation of regulations, a system is in place that allows the suspension period to be reduced when certain requirements are met.
This is an administrative measure intended to encourage improvement in the driver's law-abiding awareness and to prevent reoffending, and depending on the completion of education and whether the requirements are met, a reduction of up to 50 days is possible
▶ Reduction Through Completion of Compliance Education
Where the driver completes the compliance education within the special traffic safety recommended education or mandatory education, submit the certificate of completion of that education to the competent police station
▷ Reduction Effect
A reduction of 20 days from the suspension period
※ However, if the suspension disposition has already been reduced for the relevant violation through the Driver's License Administrative Disposition Objection Review Committee, an administrative adjudication, or an administrative litigation, an additional reduction through completion of this education does not apply.
▶ Reduction Upon Additional Completion of On-Site Participation Education
A driver who has completed the compliance education then goes on to also complete the on-site participation education
▷ Reduction Effect
In addition to the above reduction (20 days), a further reduction of 30 days is recognized, shortening the suspension period by up to 50 days
In this case as well, if the suspension disposition has already been reduced for the relevant violation through an administrative review or judgment, the reduction through this education does not apply.
※ Points to Note
The reduction of the suspension period is applied based on the date on which the education completion certificate is submitted to the chief of the police station after completing the education.
Completing the education and responding in advance before the administrative disposition is finalized is advantageous for maximizing the reduction effect.
4. Traffic Accident Penalty Points | Revocation of the Administrative Disposition
Even where an administrative disposition has been made regarding a driver's license due to a traffic accident or a violation of traffic laws, if certain grounds apply, a procedure is in place under which that administrative disposition may be revoked or reduced.
This is a system intended to protect the driver's fundamental rights and to secure the appropriateness of the administrative disposition, and it is necessary to carefully determine whether a case falls under the following circumstances and to respond accordingly.
Requirements for Revocation of an Administrative Disposition
Where any of the following grounds applies, the driver's license administrative disposition is revoked at once, and the penalty points accordingly are deleted.
- Where the relevant traffic accident or violation of regulations has been finally found not guilty by a court judgment
- Where a non-referral or non-prosecution disposition has been received on the ground that there is no suspicion of crime or that it does not constitute an offense
※ However, this excludes a case in which the matter is later indicted again and a conviction is finalized, and where an acquittal is finalized on a ground falling under Article 82, Paragraph 1, Item 2 or Item 5 of the Road Traffic Act, it is not subject to deletion of penalty points or revocation of the disposition.
Grounds and Criteria for Reduction of an Administrative Disposition
Even if the administrative disposition is not revoked, where the reduction requirements apply, the disposition may be reduced according to the following criteria.
① Examples of Grounds for Reduction
・ Where driving is an important means of maintaining the family's livelihood
・ A person who, as a model driver, has continued traffic volunteer activities for 3 years or more
・ A person who apprehended a driver who fled after a traffic accident and received an official commendation
※ However, reduction is not possible if any one of the following applies
・ A drunk driving accident involving personal injury
・ Refusal of a breathalyzer test, assault of a police officer, fleeing, and the like
・ Multiple drunk driving or personal injury accidents within the last 5 years
② Method of Applying the Reduction Criteria
Where a suspension disposition applies → Reduced to 1/2 of the suspension enforcement days
※ However, in the case of a revocation disposition due to the accumulation of penalty points, the total penalty points and the cumulative score are combined and adjusted to 110 points
Objection and Procedure
An objection may be filed with the Commissioner of the competent City or Provincial Police Agency for the place of residence within 60 days from the date the disposition was received (or the date the fact became known).
Thereafter, once the objection is filed, whether the disposition is reduced is determined through the deliberation and resolution of the Driver's License Administrative Disposition Objection Review Committee.
5. Traffic Accident Penalty Points | Objection
A driver may receive an administrative disposition such as a suspension or revocation of the driver's license due to a traffic law violation or a traffic accident.
If such a disposition is judged to be unlawful or unjust, an objection may be raised through certain legal procedures, and a remedy system is in place through which the disposition can be revoked or reduced.
Remedy Through Administrative Adjudication
Administrative adjudication is a procedure through which a citizen whose rights or interests have been infringed by an unlawful or unjust disposition of an administrative agency can obtain a remedy in a relatively simple manner.
▶ Period for Filing
※ This does not apply to an adjudication for confirmation of invalidity or an adjudication for performance of an obligation regarding an omission
▶ Procedure
A person who intends to file for administrative adjudication must prepare a petition for adjudication and submit it to the disposition agency (the respondent) or the competent administrative adjudication commission.
At this time, copies must be submitted together according to the number of respondents, and the petition may also be filed online through an electronic system.
2. Submission of the Answer
In response to the petitioner's petition for adjudication, the disposition agency must prepare an answer within 10 days from the date of filing and submit it to the administrative adjudication commission.
The commission serves it on the petitioner, and in the case of an online filing, it can be viewed on the Central Administrative Adjudication Commission system.
3. Referral of the Case
The disposition agency must refer the petition for adjudication and the answer to the administrative adjudication commission without delay, and the commission receives them for prompt examination of the case.
4. Conduct of the Examination
Based on the referred materials, the administrative adjudication commission sufficiently reviews the arguments of both sides, then sets a date for examination, and determines whether the disposition is unlawful and unjust.
5. Ruling and Notification
After the examination, the commission renders its judgment on the case through a ruling, and serves the written ruling on the petitioner and the respondent.
The effect of the administrative adjudication takes effect from the time the written ruling is served.
Remedy Through Administrative Litigation
Administrative litigation is a procedure for seeking resolution, through a judgment of the court, of an infringement of rights caused by an unlawful disposition of an administrative agency.
▶ Period for Filing
※ Where administrative adjudication has been undergone, within 90 days from the date the certified copy of the written ruling was received
▶ Procedure
1. Submission of the Complaint
A complaint must be prepared and submitted to the court.
The forms and guidance needed to prepare the complaint can be found at the civil affairs office of each court or at the Electronic Civil Affairs Center of the Courts of Korea.
2. Submission of the Answer
The defendant submits an answer to the court within 30 days from the date the copy of the complaint was served, responding to the plaintiff's claim.
3. Date for Preparation of Pleadings (Organization of Issues)
Based on the complaint, the answer, and the preparatory documents, the arguments and issues of both parties are organized.
The parts without dispute and the parts in dispute are distinguished, and an application for evidence and a plan of proof are established.
Whether the application for evidence is accepted is also determined on the date for preparation of pleadings.
4. Date of Pleadings (Concentrated Examination of Evidence)
After the relationship between the arguments and the evidence is organized, a date of pleadings is designated and the examination of evidence is conducted intensively.
Where prompt processing is needed or where only legal issues exist, a date of pleadings may be designated directly without a date for preparation of pleadings.
5. Conclusion of Pleadings and Pronouncement of Judgment
Once all arguments and submission of evidence are completed, the presiding judge concludes the pleadings, and designates the date for the pronouncement of judgment.
The judgment is pronounced by reading the holding, and it takes effect even if a party does not appear.
If a party objects to the judgment, the party may appeal by submitting a notice of appeal to the court of first instance within 2 weeks from the date the written judgment was served.
6. Traffic Accident Penalty Points | Step-by-Step Support
Traffic accident penalty points and the resulting administrative dispositions can have a significant effect on a driver's rights and daily life, so obtaining the assistance of a specialized attorney from the early stage is very important.
If a person fails to accurately understand the complex legal procedures and the various requirements for mitigation and objection, and to respond in a timely manner, there is a considerable risk that an unfavorable outcome may result.
At this firm, traffic accident attorneys who have handled numerous cases in the field of traffic accident penalty points and driver's license administrative dispositions protect the rights of clients by establishing tailored strategies.
The firm also provides step-by-step assistance with the various lawsuits that may arise from traffic accidents, and when necessary, it cooperates with its in-house Evidence Investigation Center and Digital Forensics Center to assist with the practical collection of evidence.
If you are in a situation that requires a response in connection with traffic accident penalty points, you may request assistance from a 🔗traffic accident attorney at any time.
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