Key Points
- Threatening someone with a car is special intimidation (up to 7 years in prison or a fine of up to KRW 10 million); injuring them is special injury (1 to 10 years in prison); and damaging their car is special property damage (up to 5 years in prison or a fine of up to KRW 10 million).
- Endangering the road by committing successive violations without targeting a particular person is reckless driving (up to 1 year in prison or a fine of up to KRW 5 million), based on Article 151-2 of the Road Traffic Act.
- The moment you are booked for retaliatory driving, your license is suspended (100 penalty points), and if you are detained it is revoked (Annex 28 of the Enforcement Rule).
- If you prove with dashcam footage why you braked suddenly or blocked the lane and what happened before and after, you can deny intent. DAEON Law Firm has obtained a no-charge decision in a retaliatory driving case.
How the two differ
Retaliatory driving is intentionally threatening behavior aimed at a specific person, so it falls under the Criminal Act. Reckless driving means committing two or more of the following in succession, or repeating the same one, so as to threaten or harm others or create a traffic hazard: running a signal, crossing the center line, speeding, violating lane-change prohibitions, or violating the ban on sudden braking. Article 46-3 of the Road Traffic Act prohibits it.
| Act | Provision |
|---|---|
| Threatening by sudden braking or pushing another car | Article 284 of the Criminal Act (special intimidation) |
| Assault such as deliberately ramming | Article 261 of the Criminal Act (special assault) |
| Causing injury with a car | Article 258-2(1) of the Criminal Act (special injury) |
| Damaging the other car | Article 369(1) of the Criminal Act (special property damage) |
| Reckless driving | Article 151-2(1) of the Road Traffic Act |
| Offense | Prison | Fine |
|---|---|---|
| Special intimidation | Up to 7 years | Up to KRW 10 million |
| Special assault | Up to 5 years | Up to KRW 10 million |
| Special injury | 1 to 10 years | None |
| Special property damage | Up to 5 years | Up to KRW 10 million |
| Reckless driving | Up to 1 year | Up to KRW 5 million |
To contest intent
- Why did you stop suddenly? · We look at whether you stopped for another reason, such as the car ahead braking hard or an animal or fallen object appearing. The forward footage from your own dashcam is the most important.
- The context before and after · We check whether the other driver cut in dangerously first, whether horns or high beams were exchanged before and after, and how long the threatening behavior continued.
- Did it reach the level of a threat? · We examine whether a brief lane change or a single honk was enough to amount to intimidation. We analyze the distance and speed relative to the other car.
Dashcam footage submitted by the other party is often edited or only partly submitted. Simply matching the full original against your own footage frequently changes the picture of the case.
Effect on your license
A person who commits special injury, special assault, special intimidation or special property damage using a vehicle is subject to license revocation or suspension (Article 93(1)10-2 of the Road Traffic Act). Annex 28 of the Enforcement Rule provides for 100 penalty points (suspension) when booked and revocation when detained. If a no-charge decision becomes final, the action is canceled and the penalty points are deleted.
Frequently Asked Questions
I braked once in front of a car that cut in, and I was reported for retaliatory driving.
The other driver threatened me first.
If I settle, will I avoid punishment for retaliatory driving?
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Read more →Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.
Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026
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