Driving Without a License

Unlicensed driving is an intentional crime, so you are only punished if you drove knowing your license was suspended or revoked. We check whether you received the notice of the decision, whether the notice was replaced by public notice because of a change of address or similar reason, and how you understood the last day of your suspension.

Driving on the last day of a suspension still counts as driving during the suspension. Miscalculating the period may be taken into account, but on its own it is unlikely to lead to an acquittal.

The Road Traffic Act applies only some provisions, such as drunk driving, drugged driving and measures after an accident, to driving in places other than roads, and the unlicensed driving provision is not on that list (Article 2, Item 26). So if you were stopped inside an apartment complex or a building parking lot, the issue is whether that place was open for the general public to pass through.

Use photos and the building's management rules to show whether outside vehicles are controlled with a barrier and security staff, or whether anyone can come and go.

An accident that injures someone while driving without a license is an exception under the Act on Special Cases Concerning the Settlement of Traffic Accidents (교통사고처리 특례법), so you can be prosecuted even if you have comprehensive insurance or the victim does not want you punished (Article 3(2), proviso, Item 7). A settlement with the victim often decides the outcome.

An employer who has an employee drive while knowing the employee has no license is also punished (Article 152, Item 2). Repeating the same violation is treated harshly at sentencing, and if you are on a suspended sentence (집행유예), the risk of actual imprisonment rises.