[Case of Assistance With Punishment for Retaliatory Driving] Daeryun Obtained a Custodial Sentence for the Offender Through a Criminal Complaint for Retaliatory Driving

The defendant, who was the offender, became angry because the client had sounded the horn from behind him, moved alongside the passenger car the client was driving, hurled abuse several times, and from that point openly began retaliatory driving.

He braked abruptly in front of the client's passenger car, reduced his speed without any particular reason, and banged on the side of the car, threatening the client for about 10 minutes as though he would inflict harm on the client's body.

As a result of the police investigation, at the time the defendant committed the above retaliatory driving against the client, his license had already been revoked the previous year for drunk driving, and the motorcycle he was riding did not even have a license plate.

The client, who experienced psychological anxiety due to the defendant's retaliatory driving and even found it difficult to drive, wished to request assistance in filing a criminal complaint.

We will explain the charges that may apply to the defendant in the above account.

■ Retaliatory Driving

Retaliatory driving refers to the act of, while driving, taking revenge on another party who has caused harm to oneself by intentionally making threats and driving dangerously.

Under the law, a motor vehicle is regarded as a dangerous object, and such conduct is treated as the crimes of special bodily injury, special assault, and special intimidation. In terms of punishment, it is governed not by the Road Traffic Act but by the general Criminal Act.

■ Violation of the Road Traffic Act (Driving Without a License)

The defendant's license had been revoked the previous year due to a drunk driving accident. Because he nevertheless drove, this constitutes driving without a license under the Road Traffic Act, and in such a case the person is subject to imprisonment for not more than 1 year or a fine not exceeding 3 million won.

■ Guarantee of Automobile Accident Compensation Act (in relation to Article 8, Prohibition of Operation)

The motorcycle the defendant drove had no license plate. No person may operate on a road a motor vehicle that is not covered by compulsory insurance, and a person who owns a motorcycle must also subscribe to liability insurance or a liability mutual aid program.

It was argued that the client, because of his memory of this incident, suffers and finds it difficult to cope, experiencing extreme stress, psychological anxiety, and fear whenever he takes the wheel, whenever he passes the area of the incident, and whenever he sees a violent and reckless motorcycle.

It was argued that the defendant, during the police investigation of the case, refused to appear before the police, cut off contact with the investigator and went into hiding, was eventually apprehended by the police, and offered no apology whatsoever to the client, who was the victim.

The tunnel where the defendant committed the retaliatory driving is a stretch of road with heavy vehicle traffic at all hours and is also used by many large vehicles.

It was argued that committing violent, abrupt braking and threatening driving on such a road and in such a tunnel was a situation that could readily lead to a secondary accident and take the lives of innocent citizens.

Retaliatory driving and reckless driving involve the use of a motor vehicle, a dangerous object, and even if no collision actually occurs, the conduct of dangerously blocking the front of a vehicle or making threats can lead to a secondary incident, so the punishment is by no means light.

At Daeryun, an experienced defense team finds and analyzes evidence favorable to the client.

We handle the entire process by forming a strategy team of 3 to 20 members according to the client's matter, so if you are in a similar situation, please visit the nearest Daeryun office.