DUI & Traffic Accident Center · Case Type

If you were caught driving without a license,
driving during a suspension is the same offense

Not only people who never obtained a license, but also those who drive during a suspension or during the disqualification period after revocation, are punished for driving without a license. If you also caused an accident, you cannot escape criminal liability even with insurance, and the response becomes more complex.

Key Points

  • Driving a motor vehicle without a driver's license (including during a suspension) carries up to 1 year in prison or a fine of up to KRW 3 million (Article 152(1) of the Road Traffic Act).
  • If you injure someone in an accident while unlicensed, it is one of the 12 serious faults and you are punished even if insured (Article 3(2)7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents (the “Traffic Accident Settlement Act”, 교통사고처리법)).
  • After driving without a license, you cannot obtain a license for 1 year from the date of the violation (2 years for three or more violations, and 5 years if you caused death or injury and did not take measures or report) (Article 82(2)).
  • Riding an electric kick scooter without a motorized bicycle license carries a fine of up to KRW 200,000, detention, or a petty fine (Article 156(13)).

When it counts as driving without a license

  • Driving without ever having obtained a license
  • Driving during a license suspension
  • Driving after the license was revoked without obtaining a new one
  • Driving without knowing the license was revoked for failing to take the aptitude test (whether there was intent is the issue)
  • Driving a type of vehicle beyond what the license allows (for example, driving a large van with a Class 2 ordinary license)
  • Driving after an international driving permit has expired
Criminal penalties for driving without a license
SituationPenalty
Driving a motor vehicle without a license (Article 152(1) of the Road Traffic Act)Up to 1 year in prison or a fine of up to KRW 3 million
Injuring someone while driving without a license (Article 3 of the Traffic Accident Settlement Act)Up to 5 years of imprisonment without labor or a fine of up to KRW 20 million, punishable even with insurance
Period during which you cannot obtain a new license (Article 82(2) of the Road Traffic Act)
CasePeriodSubparagraph
Unlicensed driving, 1st or 2nd time1 year from the date of the violationSubparagraph 1
Unlicensed driving, 3 or more times2 years from the date of the violationSubparagraph 2
Driving a stolen vehicle without a license3 years from the date of the violationSubparagraph 5

Arguing that there was no intent

Driving without a license requires intent, so you can be punished only if you drove knowing you had no license. If you did not receive the revocation notice, or did not know the license had been revoked after the periodic aptitude test deadline passed, there is room to contest it. We check which address the notice was sent to and whether it was served by public notice.

When a minor drives without a license

When a teenager is caught driving a parent's or someone else's car, unauthorized use of a vehicle or even theft often becomes an issue in addition to unlicensed driving, and the case is usually handled as a juvenile protection case. Juvenile court judges place more weight on correcting the environment and preventing reoffending than on punishment itself. Submitting an organized account of the home environment, school life, treatment plan, and settlement with the car owner can lower the level of the protective disposition. In such a case, DAEON Law Firm obtained a short-term probation disposition.

Frequently Asked Questions

I thought my suspension had ended and drove one day early.
If you drove during the suspension period, it is driving without a license. If the way you came to misunderstand the period is objectively convincing, there may be room to contest intent or to have it taken into account in sentencing.
I missed the aptitude test and did not know my license had been revoked.
If you did not know of the revocation, you can argue that you lacked intent to drive without a license. We start by checking whether the revocation notice was actually delivered.
My high-school son was caught driving without a license.
Most such cases proceed as juvenile protection cases, and the parents' commitment to protecting the child and a plan to prevent recurrence determine the level of the disposition. If there was any harm, pursue a settlement first.

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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.

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