Punishment for retaliatory driving is different from reckless driving... What the lawyer says are the conditions for establishment

Many drivers experience retaliatory driving and reckless driving on the road. However, there are not many cases where the difference between the two terms is clearly known. Reckless driving is a crime under the Road Traffic Act and is an act that poses a threat to an unspecified number of people. This occurs when two or more of the nine acts, such as violating a signal or crossing the center line, are committed consecutively or one act is repeated, and can be punished by imprisonment for up to one year or a fine of up to 5 million won.

On the other hand, retaliatory driving is a special crime under criminal law and is an act of intimidation targeting a specific person. It only takes one act, and as the car is recognized as a 'dangerous object', special injuries (imprisonment for not more than 1 year but not more than 10 years), special threats (imprisonment for up to 7 years or a fine not exceeding 10 million won), and special assaults (imprisonment for not more than 5 years or a fine not exceeding 10 million won) are applied.

However, for a retaliatory driving charge to be established, objective circumstances such as intentionality, persistence, repetition, and creating fear in the victim must all be proven. Even if you honked your horn for a long time simply because you were in a bad mood or suddenly changed lanes without a turn signal, if there was no clear intent to threaten, you may not be charged.

A recent case I was in charge of clearly demonstrates the importance of concrete evidence. Client A, who worked as a bus driver, was booked on charges of special threats last year. Mr. A, who was driving in the bus-only lane at the time, tried to overtake the bus in front through the second lane on the right as it was traveling at a slow speed. However, the vehicle running in the next lane did not easily give space. Accordingly, Mr. A got behind the vehicle in question and flashed his high beam lights, and even crossed over into the second lane even after returning to the bus-only lane.

After meeting the client, I carefully reviewed the circumstances of the case. In particular, we examined whether Mr. A's actions met the requirements for retaliatory driving. As a result, it was determined that it was difficult to prove the ‘intention’ of retaliation in Mr. A’s actions. Mr. A claimed that at the time, he turned on his high beam as a signal to adjust his driving speed to the damaged vehicle. In addition, regarding the lane violation, it was emphasized that it was a mistake that occurred while steering the steering wheel to avoid hitting the median, and that it was not intentional.

The prosecution also decided not to indict Mr. A, saying that although he entered the bus lane after flashing his high beam lights, there were circumstances where he was suspected of crossing the lane toward the victim and threatening him, but considering the extent to which he crossed the lane, it is difficult to view it as intentional retaliation.

As can be seen from this incident, there are precise legal standards for retaliatory driving, which is clearly different from the typical conflicts that drivers have on the road. Therefore, even if you are accused, you can avoid unfair punishment through systematic response. Above all, we must keep in mind that collecting early evidence and organizing facts are key factors that determine the outcome of a case.

When you encounter retaliatory driving on the road, it is important to keep a safe distance and not fight back. After securing evidence through a black box or cell phone, report it to 112 or the Safety Report Center, but record the vehicle number, time, location, and specific threatening actions in detail.

Attorney Lee Ha-neul of Daeryun Law Firm said, "Conversely, if you have been identified as the perpetrator of retaliatory driving, it is more important to accurately understand the facts than hasty admission." He added, "Retaliatory driving is a special crime that carries the possibility of imprisonment even for first-time offenders, so you should receive expert help from the initial investigation stage. It is necessary to comprehensively review the black box video, witness statements, and the situation at the time to find areas to dispute the charges, and make efforts to lower the level of punishment through a sincere agreement with the victim. Additionally, make defensive driving a habit to avoid these situations. “Prevention itself is more important than anything else,” he said.

[Global Epic CP Lee Soo-hwan / lsh@globalepic.co.kr]

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