Deals & Cases
[Case of Assistance With Punishment for Retaliatory Driving] Daeryun Obtained a Custodial Sentence for the Offender Through a Criminal Complaint for Retaliatory Driving
The client who requested Daeryun to represent him in filing a complaint to seek punishment for retaliatory driving had been subjected to retaliatory driving in a tunnel, and because the motorcycle the offender was driving was operated without a license, a more severe punishment could be imposed.
1. The Client Who Visited Daeryun to Seek Punishment for Retaliatory Driving
The client who sought punishment for retaliatory driving had been subjected to retaliatory driving by a motorcycle while driving in a tunnel, and after this incident he experienced psychological anxiety, including his heart racing whenever he saw a tunnel or a motorcycle. He therefore visited Daeryun to file a criminal complaint against the offender.
The Account of the Client Who Sought Punishment 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at the time the defendant committed the above retaliatory driving against the client, his license had already been revoked the previous year for drunk driving, and the motorcycle he was riding did not even have a license plate.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.
Statutes Relevant to Punishment for Retaliatory Driving
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.
▣ Article 284 of the "Criminal Act" A person who makes a threat by displaying the collective force of a group or a multitude, or by carrying a dangerous object, shall be punished by imprisonment for not more than 7 years or a fine not exceeding 10 million won. |
■ 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.
▣ Article 43 of the "Road Traffic Act" (Prohibition of Driving Without a License, and Others) No person shall drive a motor vehicle or the like where the person has not obtained a driver's license from the Commissioner of a City or Provincial Police Agency, or where the effect of the driver's license has been suspended. |
■ 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.
2. Daeryun's Assistance Toward Punishment for Retaliatory Driving
In accordance with the request of the client who sought punishment for retaliatory driving, Daeryun secured the dashboard camera footage from the client's vehicle and the CCTV footage from near the incident, emphasized the defendant's offense, and argued before the court as follows.
Argument for Punishment for Retaliatory Driving ① The Psychological Harm the Client Suffered Was Severe
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.
Argument for Punishment for Retaliatory Driving ② The Defendant Shows No Sign of Reflection Whatsoever
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.
Argument for Punishment for Retaliatory Driving ③ The Defendant's Offense Was Considerably Dangerous
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.
3. Result of the Assistance in Representing the Complaint for Punishment for Retaliatory Driving: 'Sentence of Imprisonment Pronounced'
As a result of requesting Daeryun to represent the complaint for punishment for retaliatory driving, the court 'pronounced a sentence of 1 year and 6 months' imprisonment and a fine'on the defendant.
Even though the defendant had reached a settlement with the client and had delivered the settlement amount, the above punishment was imposed because he already had a record of being punished several times for drunk driving and other offenses, and because he committed the offense during the period of a suspended sentence.
Because Retaliatory Driving Calls for the Assistance of an Attorney Specializing in the Field
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.
![보복운전 [보복운전처벌 조력 사례] 보복운전처벌 형사고소로 가해자에 실형 받아낸 대륜](/_next/image?url=https%3A%2F%2Fd1tgonli21s4df.cloudfront.net%2Fupload%2Fseo%2Fsuccess%2F20240703011110031.webp&w=828&q=100)
This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
Special (aggravated) intimidation, violation of the Guarantee of Automobile Accident Compensation Act, etc.: Want a faster, more detailed consultation?
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