When you may need advice
- I got angry when someone cut in, so I pulled in front and braked hard, and I was reported
- I was accused of retaliatory driving for tailgating another car and honking
- After an argument, I lightly pushed the other car with mine
- I was asked to appear for reckless driving after someone reported me with dashcam footage
- The other driver threatened me first, but only I was booked
Relevant laws
Criminal Act (형법) Article 284 (Special Intimidation), Article 261 (Special Assault), Article 369(1) (Special Property Damage)
Intimidating someone while carrying a dangerous object is punishable by up to 7 years in prison or a fine of up to KRW 10 million; assault, by up to 5 years in prison or a fine of up to KRW 10 million; and damaging property, by up to 5 years in prison or a fine of up to KRW 10 million. If someone is injured, it becomes special bodily injury (1 to 10 years in prison).
Road Traffic Act (도로교통법) Articles 46-3 and 151-2 (Reckless Driving)
Committing two or more violations in a row, or continuing or repeating one of them, such as running a red light, crossing the center line, speeding, not keeping a safe distance, illegal lane changes or sudden braking, or improper overtaking, so as to threaten others or create a traffic hazard is punishable by up to 1 year in prison or a fine of up to KRW 5 million.
Road Traffic Act Article 93(1), Item 10-2
Using a motor vehicle to commit special bodily injury, special assault, special intimidation or special property damage is grounds for revoking or suspending a driver's license.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
Retaliatory driving and reckless driving have different targets
Retaliatory driving means driving with the intent to frighten or harm a specific vehicle or person, so the Criminal Act's special intimidation and similar crimes apply. In a case where a driver reversed into another car to scare the other driver after an argument, the Supreme Court treated the car as a dangerous object (Supreme Court Decision 2010도10256, November 11, 2010).
Reckless driving (난폭운전) applies even without a specific target, if you commit the listed violations in a row or repeatedly and create a traffic hazard. Both charges are sometimes applied together.
We look at the full dashcam footage before and after
Reported footage is usually cut to show only the problem scene. You need to check with your own original dashcam footage whether the other car cut in dangerously before that, whether your sudden braking was because of a car ahead or a traffic signal, and what the distances and speeds were.
Dashcams overwrite old footage over time, so as soon as you learn you were reported, remove the memory card and keep it safe. A claim that you had no intent to intimidate is only accepted with objective evidence like this.
We prepare the settlement and the license penalty together
Special intimidation and special assault can be punished even if the victim does not want punishment, but a settlement has a large effect on the outcome and sentence. Settling the cost of repairing the other car or medical expenses first often makes an agreement easier.
A license revocation or suspension can be imposed separately from the criminal case. If there are grounds to challenge it, you should consider an administrative appeal or similar remedy within the deadline.
Factors that affect the outcome and sentence
Factors that work against you
- · Braking suddenly on an expressway or similar road, creating a high risk of an accident
- · Chasing and threatening several times, or getting out of the car and shouting abuse
- · An actual collision or injury
- · A similar prior record
Factors that work in your favor
- · The other driver drove dangerously first
- · A single, brief act that stopped quickly
- · A settlement with the victim and payment for repairs
- · Completing a driving behavior correction course
How our Criminal Law Center handles your case
- 1
Secure and analyze footage
We secure your original dashcam footage, match it to the time of the reported footage, and check what happened before and after.
- 2
Clarify the charges
In the consultation, we work out whether it is special intimidation or reckless driving, and whether both may apply.
- 3
Prepare for and attend questioning
We rehearse the questions about why you braked, the distances and the speeds, and attend the questioning with you.
- 4
Legal opinion and settlement
We submit a written opinion disputing intent and, if needed, look at ways to compensate and settle with the victim.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
View profile →
Bonwoo Koo Managing Partner
Economic criminal cases such as Capital Markets Act violations, investment fraud, embezzlement and breach of trust
View profile →
Frequently asked questions
Is braking suddenly just once retaliatory driving?
Even a single sudden stop can raise special intimidation if you cut right in front of the other car and stopped to frighten the driver. On the other hand, if it was because of a car ahead or an unexpected situation, it is important to show this with footage.
The other driver also drove threateningly. Can I report them too?
If the other driver's conduct amounts to reckless or retaliatory driving, you can report it separately. However, use a counter-report as material to explain how your case happened, and prepare your defense against your own charge separately.
Can my license also be revoked for retaliatory driving?
Special intimidation, special assault and similar crimes committed with a car are grounds for revoking or suspending your license. The specific standards are set in the Enforcement Rules and depend on the outcome of your case.