Penalties for Unlicensed Driving and Why You Need a Lawyer's Help

What Is Unlicensed Driving

One of the dangerous acts that violate the Road Traffic Act (도로교통법), unlicensed driving refers to operating a vehicle without having obtained a driver's license. It poses a serious danger not only to the driver but also to nearby pedestrians and passengers. Many traffic accidents result from it, and the casualties and property losses caused by such accidents reach a considerable scale. Penalties for unlicensed driving are strictly defined by law and can lead to serious legal consequences for the driver.

Penalties for Unlicensed Driving

With unlicensed driving, even a first-time offender can be sentenced to actual imprisonment. And if it is not a first offense, the likelihood of receiving an actual prison sentence is even higher. The same is true even when a suspended sentence (probation) might otherwise be considered.

The penalty for simple unlicensed driving is, for a first-time offender, imprisonment of up to one year and a criminal fine of up to KRW 3 million. However, this is merely the first-offense standard, and you should not be complacent in assuming you will receive a light penalty such as a fine. In particular, if it is not your first offense, the punishment will be aggravated and the likelihood of an actual prison sentence increases, so caution is required.

Moreover, if it is not simple unlicensed driving but rather unlicensed driving while intoxicated, you may face imprisonment of two to five years or a criminal fine of between KRW 10 million and KRW 20 million.

Accidents Involving Unlicensed Driving

In reality, unlicensed driving is more often uncovered through an accident than caught on its own. But when the lack of a license comes to light through an accident, the situation becomes even worse. That is because an accident involving unlicensed driving falls under one of the 12 categories of gross negligence, and is therefore handled not under the Road Traffic Act but under the Act on Special Cases concerning the Settlement of Traffic Accidents (교통사고처리 특례법). Even if you have insurance or have reached a settlement with the victim, if it qualifies as one of the 12 categories of gross negligence you cannot escape criminal punishment, so you could face up to five years of imprisonment or a fine of up to KRW 20 million.

How to Seek Leniency for Unlicensed Driving

As mentioned above, a traffic accident caused by unlicensed driving is a fairly serious matter. In such cases, if you fail to respond properly from a legal standpoint, you may face heavy criminal punishment.

Therefore, if you are accused of unlicensed driving and want to obtain the greatest possible leniency, it is important to pursue a settlement with the victim and to get help from a criminal defense attorney. A criminal defense attorney can analyze the case based on their legal knowledge and experience and propose an appropriate course of action. This can help lower the level of criminal punishment.

In the case of an accident caused by unlicensed driving, it can be difficult to respond appropriately on your own as the accused. This is especially true during the process of reaching a settlement with the victim, which is precisely why the assistance of a criminal defense attorney is needed. A criminal defense attorney can appropriately handle the various issues that may arise in settlement negotiations and lead to a favorable settlement for the purposes of sentencing.

However, there may be cases where the other party does not want to settle or demands an unreasonable settlement amount. Even in such situations, a criminal defense attorney will protect the rights of the accused and help bring the settlement to an amicable resolution.

Accordingly, you should make every effort to reach an amicable settlement with the victim with the help of a criminal defense attorney and to improve your chances of leniency. In doing so, you can minimize the legal problems arising from an accident caused by unlicensed driving.

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