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Driving without a license: statutory penalty and likely requested sentence

The statutory penalty for Driving without a license and the likely handling of the case depending on your circumstances. The results are for reference only.

Statutory penalty
Up to 1 year in prison or a fine of up to KRW 3 million (for a motorized bicycle: a fine of up to KRW 300,000 or short-term detention)
Legal basis
Road Traffic Act, Articles 152(1) and 43
Category
Traffic · Road Traffic Act

Calculate with your own circumstances

times
Are you currently on a suspended sentence for unlicensed or drunk driving?
Have you been driving without a license many times over a period?
Answer all 3 questions and the estimate appears right away. (0/3)

What the handling steps mean

  1. 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
  2. Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
  3. Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
  4. 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
  5. 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.

  1. Detention considered

    Likely requested sentence
    Up to 1 year in prison
  2. Formal trial (prison sentence requested)

    Likely requested sentence
    6 months or more in prison
  3. Summary fine

    Likely fine
    KRW 1.5 million
  4. Summary fine

    Likely fine
    KRW 1 million

    Around KRW 1 million to 1.5 million.

  5. Summary fine

    Likely fine
    KRW 700,000

    Around KRW 700,000 to 1 million.

Notes

  • If you were driving to make a living, that may be taken into account.
  • If combined with drunk driving, both crimes are punished together.

Frequently asked questions

Driving without a license: what is the statutory penalty?
Legal basis: Road Traffic Act, Articles 152(1) and 43. Statutory penalty: Up to 1 year in prison or a fine of up to KRW 3 million (for a motorized bicycle: a fine of up to KRW 300,000 or short-term detention).
Driving without a license: 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

This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.

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