The National Police Agency announced that they would carry out a focused regulation against violent, retaliatory driving until August 21st.
The National Police Agency said they would carry out a focused regulation on illegal disassembling of speed limit devices and violent, retaliatory driving until August 21st. It was announced that drivers with more than 2 instances of violent, retaliatory driving would especially be strictly regulated through custody investigation. This is to send out a warning against the never-ending retaliatory driving and to prevent traffic accidents. According to last year’s data from the National Police Agency, retaliatory driving crimes in the past 2 years amounted to about 9,000 cases; almost half of the drivers, about 49%, were indicted and received criminal punishment. Retaliatory driving includes all actions that can be considered ‘threatening driving’ by a driver or third party such as physical violence, verbal threat, honking and spitting. What specific actions are considered retaliatory driving? Let’s look into actual cases and the following punishment.
Driving Ahead Just to Intentionally Slow Down Suddenly, Hit the Brake Suddenly, or Cut In
Actions like internationally slowing down suddenly, hitting the brake suddenly and cutting in all can be regarded as retaliatory driving.
Just because you get into a fight with another driver, you can never cut in or hit the brakes on the road; it’s all considered as retaliatory driving. It may lead to a big accident that causes loss of lives. There was a 5-car crash in 2013 on the Ochang IC, Jungbu Expressway. Cause of the accident at the time was retaliatory driving. Driver A and B got into a fight over changing lanes, and driver A ended up cutting in front of driver B suddenly and stopped the car. The 3 cars behind them managed to stop just in time, but the last freight truck couldn’t, causing 5 cars to crash into one another. Driver A, who was at fault of retaliatory driving, became the culprit of the accident and was sentenced to 3 years and 6 months; in the civil trial, driver A also had to compensate about 120,000,000 KRW to the family of the deceased and damaged vehicle drivers.
Generally in car crashes, those from behind are usually at fault as they fail to secure safety distance, but this particular accident was caused by retaliatory driving; the car that suddenly stopped as retaliatory driving was at fault by 90%. This case served as the momentum to fortify punishment against retaliatory driving in Korea.
Tailgating or Intentionally Crashing into Another Car
Creating a threatening situation for the other driver itself can be considered retaliatory driving.
In 2017, there was a dizzying accident near Gwangju junction on the north-bound side of the 2nd Jungbu Expressway. Driver B, who was behind the wheels of a 17t freight truck following driver A’s car, threatened the car in front of him by crashing into it 12 times. No big accident took place thankfully, but the damaged car’s driver and the passenger were injured; there was also a child in the car which caused great distress to the driver and the passenger both. Driver B kept crashing into the car in front of him because he thought driver A was interrupting his route by driving in front of him. The police arrested driver B for criminal charges; on a special injury charge to be exact.
Even if you don’t crash into another car intentionally, your action can still be considered to be retaliatory driving if you tailgate in disregard of the required safety distance because it is considered as following another car while in conflict on the road. Swearing and threatening to follow the other car also can be considered retaliatory driving. Even if you don’t swear outright to the other person, if you intentionally interfere with the other car’s driving, it can be considered retaliatory driving. Even if you don’t damage a car or the other car’s driver or passengers are unharmed, it can be considered retaliatory driving if they feel threatened.
Suddenly Changing Route and Pushing Another Car to Drive into the Centerline or the Shoulder
Suddenly changing route and pushing another car to drive into the centerline or the shoulder is also retaliatory driving.
Suddenly changing route can not only cause an accident, but is considered one of the main causes of retaliatory driving. The car at fault suddenly changing route and causing another car to drive into the centerline or the shoulder is also considered retaliatory driving. Usually, it involves driving zigzag, changing route and threatening another car while also pushing it to a side. Just thinking about it makes one shudder; it surely is a threatening, dangerous situation. Not turning on the flicker or unreasonably changing route may cause other drivers to get disconcerted, and if a surprised driver reacts emotionally, it will lead to a fight. You should check your driving habits as violent driving habit likely leads to sudden change of route.
Honking for No Reason
Continuous honking for no reason is also considered retaliatory driving.
Continuous honking for no reason is also considered retaliatory driving. Last year in Busan, when a car changed a lane from the second lane to the first lane, the car behind it followed the car for about 300m while honking many times because he thought the other car interrupted his route. Even after the other car had stopped due to the traffic light, the car at fault continued to honk 8 more times. The driver who caused much noise by repeated, continuous honking without just cause had to pay a fine. Thoughtless honking may cause threat and damage to others. It can be considered special threat, which involves exerting force onto a group or public or possessing dangerous item to threat others. Punishment for special threat involves maximum 7 years of prison sentence or maximum 10,000,000 KRW of fine.
Swearing or Exerting Physical Violence to the Other Driver
One should never exert verbal or physical violence on the road.
Verbal or physical violence on the road is the most frequently broadcasted form of retaliatory driving. It takes place frequently every year. Last year in Jeju, a man in his 30s physically hurt a driver who protested against his violent driving in front of the victim’s family. In June, in Seoul, someone was also hurt after experiencing retaliatory driving such as sudden brakes and cutting in because he turned on the lights towards the car in front. Violence caused by retaliatory driving invokes even stricter punishment as it is both special injury and special violence crime. According to criminal law, punishment for special injury involves maximum 20 years of prison sentence while that for special violence involves maximum 5 years of prison sentence or maximum 10,000,000 KRW of fine.
Violent Driving, a Big Cause of Retaliatory Driving
Retaliatory driving is likely to stem from violent driving; one should strive to have a habit of driving with manners.
So far, we’ve looked at different types of retaliatory driving. Retaliatory driving usually stems from violent driving. Violent driving refers to two continued actions or a single continued action from the followings: violating traffic signs or indicators, crossing the centerline, speeding, violating crossing/U turn/reverse inhibition, failing to secure safety distance, changing route, sudden brakes, cutting ahead or interference, and creating noise without just cause. Such violent driving cases are all bad driving habits one could subconsciously have, right? If you are charged with violent driving, your license will be suspended for 40 days; if you are arrested for it, your license will be cancelled. You will also be charged with maximum 1 year of prison sentence and maximum 5,000,000 KRW of fine. So please be aware of how to drive with manners and practice it on the road.
The best way to react against violent/retaliatory drivers is to do nothing because it is the quickest way for you to get away from a scene with a high risk of accident. If you do something about it instead, you will not only get the same punishment, but may also cause a secondary accident. If you are out of the danger zone, collect evidence from nearby CCTV or black box to secure and prove the harm you received. You can report the collected data on ‘e-People Officer,’ ‘Police Minwon Portal’ and ‘Smart Public Report; we’re looking for witness’ homepages. Safe and fun car life begins from yielding to other drivers. With a little bit of consideration for others, we can relieve all fear of retaliatory driving.
