CONTENTS
- 1. Driving Without a License | Concept
- - Prohibition of Driving Without a License
- - Motorized Bicycle
- 2. Driving Without a License | Types
- 3. Driving Without a License | Sanctions for Violations
- - Criminal Punishment for Driving Without a License
- - Restriction on Reacquisition of a Driver's License (Disqualification Period)
- - Restriction on Reacquisition in the Event of a Serious Accident
- 4. Driving Without a License | Systematic Legal Support
1. Driving Without a License | Concept
Driving without a license refers to driving on a road without having obtained the driver's license required to operate a motor vehicle or a two-wheeled vehicle (motorcycle).
This is a violation of Article 43 of the Road Traffic Act (Prohibition of Driving Without a License, etc.), and it is a serious violation of traffic laws for which criminal punishment and an administrative disposition may be imposed together.
Prohibition of Driving Without a License
To drive a motor vehicle or a motorized bicycle, a person must drive with a driver's license; otherwise, the person is regarded as driving without a license under the 「Road Traffic Act」 and may be subject to criminal punishment.
Driving without a license includes not only the case in which a person has never obtained a license from the outset, but also the case in which a person who already holds a license drives while the license has been suspended or revoked on certain grounds.
Motorized Bicycle
※ A motorized bicycle is also subject to the rules on driving without a license
One point that many people overlook is that a motorized bicycle is also subject to the regulation of driving without a license.
Under Article 2, Subparagraph 19 of the 「Road Traffic Act」, a motorized bicycle refers to a vehicle that falls under any one of the following.
• Where powered by electricity, a vehicle fitted with a motor of a maximum rated output of 11kW or less
As such, motorcycles, scooters, and the like also require a license in certain cases, and driving them without a license is punished in the same way as driving without a license.
2. Driving Without a License | Types
Driving without a license can occur not only when a person drives without a driver's license, but also in a variety of situations.
The following are representative types of driving without a license.
① Driving without having obtained a driver's license
② Driving a civilian vehicle while holding only a military driver's license
③ Violation of the restrictions by license class
For example, this applies where a holder of a Class 2 Ordinary license drives a large vehicle.
④ Driving while the license is revoked
⑤ Driving by a person who has received a license revocation
⑥ Driving during the period of suspension of the driver's license
⑦ Driving after passing the driver's license examination but before the license is issued
⑧ Practicing driving without a temporary license
⑨ Driving without a license related to an international driving permit
It also includes the use of a license issued in a country that does not recognize the international driving permit.
3. Driving Without a License | Sanctions for Violations
Where a person drives without a license or drives while the license is suspended, strict criminal punishment and administrative sanctions are imposed under the 「Road Traffic Act」.
Below, the specific sanctions and the period of restriction on reacquisition are examined.
Criminal Punishment for Driving Without a License
A person who drives a motor vehicle without having obtained a driver's license, or while the license is suspended, is subject to the following punishment.
When driving a motor vehicle (「Road Traffic Act」 Article 152, Subparagraph 1) | Imprisonment for not more than one year or a fine not exceeding three million won |
When driving a motorized bicycle (「Road Traffic Act」 Article 154, Subparagraph 2) | A fine not exceeding 300,000 won or detention |
Restriction on Reacquisition of a Driver's License (Disqualification Period)
If a person is sentenced to a fine or heavier for driving without a license or for driving during the period of license suspension, the reacquisition of a driver's license is restricted (disqualification period) for a certain period from the date of punishment.
Type of driver's license | Period of restriction on reacquisition |
Driver's licenses other than the motorized bicycle license | One year |
Motorized bicycle driver's license | Six months (One year in the case of a violation involving joint dangerous conduct) |
※ What is the prohibition of joint dangerous conduct?
Restriction on Reacquisition in the Event of a Serious Accident
Where a person, through driving without a license, causes the death of or injury to a person and then violates the duty to take measures after the accident, the person cannot obtain a driver's license within five years from the date of the violation.
If a person commits driving without a license three or more times, the person cannot obtain a driver's license within two years from the date of the violation.
4. Driving Without a License | Systematic Legal Support
Driving without a license is a matter that carries serious disadvantages, including criminal punishment as well as a restriction on the reacquisition of a license.
In particular, because the result of the judgment can vary considerably depending on the circumstances, such as a reduction to a fine, a suspended sentence, or the recognition of grounds for taking the circumstances into account, the assistance of a specialized attorney is very important.
Based on the abundant experience it has accumulated over many years in the fields of traffic accidents and criminal cases, this firm provides tailored legal services suited to the client's individual situation.
From the early stage of the investigation, the firm establishes a systematic and prompt response strategy, and actively protects the client's rights throughout the entire process, from the police investigation to the court hearing.
If you are facing difficulties after becoming involved in a charge of driving without a license, please seek the prompt assistance of an 🔗Attorney Specializing in Traffic Accidents to seek the best solution.
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