Road-Rage Retaliatory Driving
Road-rage retaliatory driving (보복운전) refers to a dangerous form of driving on the road that targets a specific person to cause harm or an accident, threatening them or instilling fear. Because road-rage retaliatory driving is treated as using a vehicle to inflict bodily injury, intimidation, assault, or destruction of property, it can be charged as aggravated bodily injury, aggravated criminal intimidation, aggravated assault, or aggravated destruction of property under criminal law.
Reckless Driving
Reckless driving (난폭운전) means committing the types of conduct listed below in succession, or continuing or repeating a single act, so as to threaten or harm another person or create a traffic hazard. The conduct that constitutes reckless driving is as follows:
1. Violating a signal or instruction
2. Crossing the center line
3. Speeding
4. Violating the ban on crossing, U-turns, or reversing
5. Failing to keep a safe distance, violating the ban on lane changes, sudden braking
6. Violating overtaking methods or the ban on obstructing overtaking
7. Generating noise without legitimate cause
8. Violating overtaking methods on an expressway
9. Crossing, making a U-turn, or reversing in violation on an expressway or a motor-vehicle-only road
If such conduct is committed only once, it is treated as a simple traffic-law violation and is punished with no more than a petty fine.
The Difference Between Reckless Driving and Road-Rage Retaliatory Driving
The difference between reckless driving and road-rage retaliatory driving lies in the target and in repetition. Whereas reckless driving targets an unspecified number of people, road-rage retaliatory driving targets a specific person. In addition, reckless driving refers to committing acts in succession, or continuing or repeating a single act, but road-rage retaliatory driving can be punished based on just a single act, with no repetition required.
The difference also appears in the laws that define them.
Penalties for Reckless Driving and Road-Rage Retaliatory Driving
Reckless driving is defined under the Road Traffic Act and, may be punished by imprisonment for up to 1 year or a criminal fine of up to KRW 5 million.
Road-rage retaliatory driving is defined under the criminal law and, depending on the conduct, may be charged as aggravated bodily injury, aggravated criminal intimidation, aggravated assault, or aggravated destruction of property.
Aggravated assault, which carries the lightest penalty, is punishable by imprisonment for up to 5 years or a criminal fine of up to KRW 10 million, while aggravated bodily injury, which carries the heaviest penalty, is defined as imprisonment for not less than 1 year and not more than 10 years.
In other words, if you are booked for road-rage retaliatory driving, you may face a heavy penalty.
Common Types of Road-Rage Retaliatory Driving
The common types of road-rage retaliatory driving released by the Korea Road Traffic Authority are:
1. Abruptly slowing down or braking suddenly after overtaking,
2. Repeatedly braking suddenly to threaten the other driver
3. Following another vehicle and intentionally colliding with it
4. Making sudden lane changes to push the other vehicle toward the center line or the shoulder
5. Suddenly stopping to block the other vehicle's path while hurling abuse or making threats,
Requirements for Road-Rage Retaliatory Driving to Be Established
The requirements for road-rage retaliatory driving to be established are specificity, intent, and dangerousness.
1. Specificity : The conduct must be directed at a specific vehicle or driver.
2. Intent : There must be an intention to retaliate, that is, intent must be present.
3. Dangerousness : The conduct must, out of a retaliatory intent, violate traffic laws or threaten the safety of others.
Administrative Sanctions for Road-Rage Retaliatory Driving
The administrative sanctions for road-rage retaliatory driving are as follows.
- If criminally booked : 100 penalty points and a 100-day suspension of your driver's license
- If detained : Revocation of your driver's license and a 1-year disqualification period
Causes That Trigger Road-Rage Retaliatory Driving
The triggers for road-rage retaliatory driving released by the Korea Road Traffic Authority are:
1. Failing to use turn signals
2. Cutting in so as to provoke the other driver
3. Disputes over use of the horn, or high beams
4. Disputes over slow driving
5. Reckless driving
Because road-rage retaliatory driving is triggered by the thought that one has suffered harm and must pay it back, mutual consideration is important.
How to Respond to Road-Rage Retaliatory Driving
The ways to respond to road-rage retaliatory driving are as follows.
1. You need to gather evidence such as dashcam footage or CCTVor cellphone recordings.
2. You must be able to identify the vehicle's license plate, the time of the incident, and the location so that it can be used as evidence to prove the road-rage retaliatory driving.
3. Do not pass the vehicle you believe is engaging in road-rage retaliatory driving, and reduce your speed.
4. To guard against further retaliation, do not get out of your car; instead, call 112and wait for the police.
How to Report Road-Rage Retaliatory Driving
The ways to report road-rage retaliatory driving are as follows.
Emergency report : You can call 112to receive immediate help.
Online report : You can file a report on Safety e-Report (Anjeon Singmungo) by attaching detailed information and supporting evidence.
In-person report : You can file a report at your nearest police station by bringing supporting evidence and your ID.
The Perpetrator of Road-Rage Retaliatory Driving
If you are being investigated as the perpetrator of road-rage retaliatory driving, it is wise to seek the help of a criminal defense attorney who specializes in road-rage retaliatory driving cases.
