Punishment for retaliatory driving is different from reckless driving... What the lawyer says are the conditions for establishment
Many drivers experience retaliatory driving and reckless driving on the road. However, there are not many cases where the difference between the two terms is clearly known. Reckless driving is a crime under the Road Traffic Act and is an act that poses a threat to an unspecified number of people. It occurs when two or more of the nine acts, such as violating a traffic signal or crossing the center line, are committed consecutively or one act is repeated, and can be punished by imprisonment for up to one year or a fine of up to 5 million won. On the other hand, retaliatory driving is a special crime under the criminal law and is an act of intimidation targeting a specific person. A single act is enough, and as a car is recognized as a 'dangerous object', special injuries (imprisonment for 1 to 10 years), special threats (imprisonment for 7 years or less or a fine not exceeding 10 million won), and special assaults (imprisonment for up to 5 years or a fine not exceeding 10 million won) are applied. However, for a retaliatory driving charge to be established, objective circumstances such as intentionality, persistence, repetition, and creating fear in the victim are required. Everything must be proven. Even if you honked your horn for a long time simply because you were in a bad mood, or changed lanes quickly without a turn signal, charges may not be established if there was no clear intent to threaten. A recent case I handled clearly shows the importance of concrete evidence. Client A, who worked as a bus driver, was booked on charges of special threats last year. Mr. A, who was driving in the bus-only lane at the time, tried to overtake the bus in front through the second lane on the right as it was traveling at a slow speed. However, the vehicle running in the next lane did not easily give space. Accordingly, Mr. A got behind the vehicle in question and flashed his high beam lights, and even crossed over into the second lane even after returning to the bus lane. After meeting the client, I carefully reviewed the circumstances of the incident. In particular, we examined whether Mr. A's actions met the requirements for retaliatory driving. As a result, it was determined that it was difficult to prove the ‘intention’ of retaliation in Mr. A’s actions. Mr. A claimed that at the time, he turned on his high beam as a signal to adjust his driving speed to the damaged vehicle. In addition, regarding the lane crossing, it was emphasized that it was a mistake that occurred while steering the steering wheel to avoid colliding with the median, and that it was not intentional. The prosecution also saw circumstances showing that Mr. A crossed the lane toward the victim and threatened the victim even though he entered the bus lane after flashing his high beam lights, but decided not to prosecute, saying that considering the extent of crossing the lane, it is difficult to consider it as intentional retaliation. As can be seen from this incident, there is an exact legal standard for retaliatory driving, which is a common behavior committed by drivers on the road. It is clearly different from conflict. Therefore, even if you are accused, you can avoid unfair punishment through systematic response. Above all, we must keep in mind that collecting early evidence and organizing facts are key factors that determine the outcome of a case. When you are subject to retaliatory driving on the road, it is important to keep a safe distance and not fight back. After securing evidence with a black box or mobile phone, report it to 112 or the Safety Report Center, and record the vehicle number, time, location, and specific threatening actions in detail. Attorney Lee Ha-neul of the Daeryun Law Firm said, “Conversely, if you have been identified as the perpetrator of retaliatory driving, it is more important to accurately determine the facts than hasty admission.” He added, “Retaliatory driving is a special crime that carries the possibility of imprisonment even for first-time offenders, so help from experts must be obtained from the initial investigation stage. Black box video, witness statements, and the situation at the time. He said, “It is more important than anything to find areas to dispute the charges by comprehensively reviewing the charges, and to lower the level of punishment through a sincere agreement with the victim. Also, it is more important to prevent such situations by making defensive driving a habit.” Global Epic CP Lee Soo-hwan / lsh@globalepic.co.kr
Punishment for retaliatory driving is different from reckless driving... What the lawyer says are the establishment requirements (link)