CONTENTS
- 1. Retaliatory Driving/Reckless Driving | Meaning
- - Retaliatory Driving/Reckless Driving Conduct
- 2. Retaliatory Driving/Reckless Driving | Level of Punishment
- - Criminal Punishment
- - Administrative Disposition
- 3. Retaliatory Driving/Reckless Driving | Methods of Response
- - If You Are a Suspect?
- - If You Are a Victim?
- 4. Retaliatory Driving/Reckless Driving | Strategy Development
- - If It Is Difficult to Respond on Your Own?
1. Retaliatory Driving/Reckless Driving | Meaning
Retaliatory driving/reckless driving are both acts that threaten or harm other drivers on the road, and they are subject to criminal punishment.
Retaliatory driving refers to any act in which a person, for reasons such as a minor dispute while driving, intentionally uses an automobile regarded as a ‘dangerous weapon or object' to harm the other party or to cause fear.
Reckless driving is driving conduct that undermines safe road traffic, and it includes any act that intentionally obstructs or threatens the traffic of other drivers.
Retaliatory Driving
Reckless Driving
Retaliatory Driving/Reckless Driving Conduct
Retaliatory Driving
- Intentional sudden braking to block or stop in front of the other party's vehicle
- Suddenly accelerating to drive close to the other party's vehicle, or following closely behind a vehicle to threaten it
- Getting out of the vehicle and attempting to open the other party's vehicle door, or engaging in acts such as cursing, shouting, assault, or destruction of the vehicle to create fear and inflict bodily injury
Reckless Driving
- Crossing the center line
- Speeding
- Violation of the prohibition on crossing, U-turns, and reversing
- Failure to maintain a safe distance, violation of the prohibition on changing course, and violation of the prohibition on sudden braking
- Violation of the method of overtaking or of the prohibition on obstructing overtaking
- Generating noise without justifiable grounds
- Violation of the method of overtaking on an expressway
- Violation of the prohibition on crossing, U-turns, and reversing on expressways and motorways
2. Retaliatory Driving/Reckless Driving | Level of Punishment
Retaliatory driving/reckless driving results in criminal punishment or administrative disposition depending on the case.
Criminal Punishment
Retaliatory Driving
Criminal Act Article 258-2 (Special (Aggravated) Bodily Injury) | Imprisonment for not less than 1 year and not more than 10 years |
Criminal Act Article 261 (Special (Aggravated) Assault) | Imprisonment for not more than 5 years or a fine of not more than 10 million won |
Criminal Act Article 284 (Special (Aggravated) Intimidation) | Imprisonment for not more than 7 years or a fine of not more than 10 million won |
Criminal Act Article 369 (Special Destruction of Property) | Imprisonment for not more than 5 years or a fine of not more than 10 million won |
Reckless Driving
| Road Traffic Act Article 151-2 | Imprisonment for not less than 1 year or a fine of not more than 5 million won |
Administrative Disposition
Retaliatory Driving
| Without Detention | 100-day driver's license suspension |
| With Detention | Driver's license revocation |
Reckless Driving
| Without Detention | 40 penalty points imposed, 40-day driver's license suspension |
| With Detention | Driver's license revocation, with a 1-year disqualification period imposed |
3. Retaliatory Driving/Reckless Driving | Methods of Response
Retaliatory driving and reckless driving are serious matters in which a momentary emotion or carelessness may lead to criminal punishment.
In practice, the level of punishment can vary considerably depending on the circumstances of the case and the driver's intent, so an accurate response suited to the specific matter is required.
If You Are a Suspect?
▷ Securing Evidentiary Materials
▷ Organizing the Facts
You should record, as specifically as possible, matters such as the circumstances of the case, the position of the vehicle, the speed at the time of driving, lane changes, and whether the violating conduct was repeated.
▷ Confirming the Details of the Statutory Violation
▷ Preparing Sentencing Factors
It can be helpful to prepare materials for leniency in advance, such as writing a handwritten letter of reflection, attempting a settlement with the victim, and securing letters of appeal from those around you.
If You Are a Victim?
▷ Promptly Securing Evidence
▷ Recording the Circumstances of the Harm
▷ Reporting to the Police and Giving a Statement
▷ Confirming Bodily and Property Harm
4. Retaliatory Driving/Reckless Driving | Strategy Development
Retaliatory driving and reckless driving go beyond a simple traffic violation and may lead to serious legal disadvantages, including criminal punishment as well as the suspension or revocation of a driver's license.
For a suspect, it is above all important to carefully organize the circumstances of the case and the evidentiary materials at an early stage and to set a strategic direction for the response regarding matters such as whether the driving conduct was intentional and whether it was repeated.
If one simply denies the allegations or minimizes the facts, the punishment may be aggravated as special (aggravated) assault, special (aggravated) intimidation, or the crime of reckless driving, so a careful approach is needed.
If you are the victim, it is advisable to promptly secure supporting evidence such as dashcam footage, the other vehicle's plate number, and the words and conduct at the time of the threat, and to proceed in parallel with reporting to the police and taking measures to prevent secondary harm.
If It Is Difficult to Respond on Your Own?
This firm's criminal attorneys, who have handled numerous retaliatory driving and reckless driving cases, provide tailored responses aligned with the actual flow of the investigation and trial, including analysis of the circumstances, statement strategy, and the preparation of sentencing materials.
In addition, working together with our in-house Evidence Investigation Center and Digital Forensics Center, we precisely analyze objective materials such as dashcam footage, driving data, and traffic records, and proactively identify the key issues in determining the driver's intent and the degree of threat in order to prepare a response strategy.
Moreover, for matters that have led to an administrative disposition such as the suspension or revocation of a driver's license, we have established a response system that extends to follow-up procedures such as filing an objection, in cooperation with the administrative attorneys within this firm.
If you are experiencing difficulties due to a retaliatory driving or reckless driving case, we recommend that you consult with a criminal attorney.
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