23,520 Cases in the Last 5 Years
Prosecution Rate Around 30.1%
No Regulations Under Road Traffic Act, Resulting in a Gap
Reckless driving, often called a "time bomb on the road," continues unabated every year, but the prosecution rate is significantly lower compared to general traffic accidents. Experts point out that since acts of revenge driving are not explicitly stated in the Road Traffic Act, there is a gap in criminal punishment under the Criminal Act.
On the 11th, the Seoul Western District Court sentenced a man in his 50s to a fine of 2 million won on charges of special intimidation and special property damage for pushing a passenger car driven by a man in his 20s near Yeonhui Intersection in Seodaemun-gu, Seoul, and then suddenly braking, causing damage to the vehicle.
According to the investigation, in February last year, the driver pushed the victim’s car to the left lane after the victim abruptly changed lanes in a solid line section, hitting the right front bumper of the victim’s vehicle.
On the 21st, the red light is on at the traffic signal in front of the Hyundai-Kia Motors headquarters in Seocho-gu, Seoul. Photo by Jinhyung Kang aymsdream@
According to the National Police Agency, a total of 23,520 reports of revenge driving were recorded over the past five years (2019?2023). This averages 4,704 cases per year and about 13 cases per day. The number of revenge driving reports exceeded 5,000 annually in 2019 and 2020, briefly dropped to 3,806 in 2022, but rose again to 4,321 last year.
Nevertheless, the prosecution rate for revenge driving remains relatively low. Among 7,625 cases of reckless and revenge driving reported in 2022, only 2,300 were prosecuted, accounting for just 30.1%. Considering that the prosecution rate for traffic accidents, including violations of the Road Traffic Act, was 74.1% during the same period, the prosecution rate for revenge driving is less than half that of general traffic accidents.
Experts point out that the lack of explicit regulations on revenge driving in the Road Traffic Act makes punishment and improving driver awareness difficult. Article 46 of the current Road Traffic Act lists nine prohibited acts, including ▲violation of signals or instructions ▲crossing the center line ▲speeding ▲violations of crossing, U-turns, and reversing, and considers continuous or repeated commission of two or more of these acts as reckless driving.
However, there are no separate provisions for revenge driving, so it is punished under general criminal law for crimes such as murder, special injury, special intimidation, and special property damage. Experts explain that if a driver considers revenge driving as a simple fight caused by the other party’s fault, it may be difficult to prove the intent for murder, injury, or intimidation.
Attorney Kim Han-gyu of the law firm Gonggan said, "If provisions regarding revenge driving are added, punishment for revenge driving could become easier and clearer than now. I also believe it could raise drivers’ awareness of revenge driving behavior." He added, "However, since it could be perceived as excessive punishment, careful consideration is needed when establishing separate legal regulations."
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