Assaulting a driver of a moving vehicle: what is the statutory penalty?

Legal basis: Act on the Aggravated Punishment of Specific Crimes, Article 5-10(1). Statutory penalty: Up to 5 years in prison or a fine of up to KRW 20 million (3 years or more in prison for a fixed term if someone is injured; life imprisonment or 5 years or more in prison if someone dies).

Assaulting a driver of a moving vehicle: how is the case usually handled?

Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Summary fine. Enter your circumstances in the calculator above to see which one applies.

Assaulting a driver of a moving vehicle: statutory penalty and likely requested sentence

Calculate with your own circumstances

What the handling steps mean

Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service

Handling standards at a glance

Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.

Detention considered
Likely requested sentence
2 months to 10 months in prison
Formal trial (prison sentence requested)
Likely requested sentence
2 months to 10 months in prison
Summary fine
Likely fine
KRW 2 million or more
Summary fine
Likely fine
KRW 1.5 million or more
Summary fine
Likely fine
KRW 1 million or more
This is the standard for a first, spontaneous offense with no accident and a settlement.

Notes

'Moving' also includes a brief stop to let passengers on or off.
This can be punished even if the victim does not want punishment. If there were no other passengers, it may be reduced.
If the driver or someone else is injured, it becomes 'causing injury', which carries only imprisonment of 3 years or more and is much heavier.

Frequently asked questions

Assaulting a driver of a moving vehicle: what is the statutory penalty?: Legal basis: Act on the Aggravated Punishment of Specific Crimes, Article 5-10(1). Statutory penalty: Up to 5 years in prison or a fine of up to KRW 20 million (3 years or more in prison for a fixed term if someone is injured; life imprisonment or 5 years or more in prison if someone dies).
Assaulting a driver of a moving vehicle: how is the case usually handled?: Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Summary fine. Enter your circumstances in the calculator above to see which one applies.

Other crimes in the same category

See the full list of crimes