45 Penalty Points and a Suspension Notice for a Working Driver
Kim, 34, has held a 1종 보통 licence since 2013 and drives a 2.5-ton delivery truck for a living. Over the last 12 months the authorities recorded:
- two speed-camera violations at 20–40 km/h over the limit (15 penalty points each);
- one red-light violation at a signalised intersection (15 penalty points);
- one illegal parking fine, which carries no points.
He has no previous suspension and no alcohol offences. On 3 March a 처분 사전통지서 (advance notice of administrative action) arrived at his registered address. He needs the truck for contracts covering the next eight weeks. His licence shows a validity end date in 2028. He also has an unpaid fine from 2023 that he had forgotten about.
1. Calculate his penalty points and the resulting suspension, and state whether he may drive today.
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Points: 15 + 15 (the two speed violations at 20–40 km/h over) + 15 (red light) = 45 points within 12 months. The parking matter is a fine with no points.
Suspension: the trigger is 40 points or more within one year, punished at 40 days plus 1 day for each point above 40 - so 45 days of licence suspension. He is nowhere near the revocation thresholds (broadly 121 points in 1 year), so this is a suspension, not a cancellation.
May he drive today? Yes - for now. A 처분 사전통지서 is a notice of intended action, not the disposition itself. He has the right to submit a written 의견서 within the deadline stated on the notice (commonly about 10 days from receipt). The suspension takes effect on the date stated in the 처분서 that follows, at which point he must surrender the licence. He may lawfully drive until that effective date, or while a 집행정지 decision is in force.
The 2023 fine: it carries no points, but unpaid penalties can block administrative processing such as licence-related procedures and vehicle registration. He should clear it before the suspension process advances.
2. What can he realistically do to challenge or soften the suspension, and what happens if he simply keeps driving?
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Challenge routes:
- Submit the 의견서 within the deadline - worth doing, but the evidence is camera footage of three clear violations, so the prospects are poor.
- After the disposition, file a 운전면허 이의신청 within 60 days of being notified, or an administrative appeal within 90 days, together with a 집행정지 application so the suspension is frozen while it is heard.
- Ask for 감경: minor violations, no accident caused, and hardship in maintaining the household. The last needs documentation of income, dependants and the realistic effect of losing the work - the bare fact that driving is his job is not itself a ground for reduction, and discretionary reductions of this kind are not routinely granted for a 45-point record.
If he drives during the suspension: that is 무면허운전 - up to 1 year imprisonment or a fine up to 3 million won. The remaining suspension period is extended, the licence can be revoked outright, and if he then causes an injury accident the insurer will seek recovery from him personally. Licence status also affects his employer and the delivery contracts.
The practical answer: arrange a substitute driver for about seven weeks now, while pursuing the 의견서 and 집행정지 in parallel. Hoping the notice goes away is the one plan that guarantees a worse outcome.
3. Separately from the suspension, what does the licensing system require of him as a 1종 보통 holder, and what happens if he lets the licence lapse?
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Renewal cycle: a 1종 보통 licence is renewed through the 적성검사 every 10 years up to age 65, then every 5 years from 65 to 75, and every 3 years from 75 onwards. At 34, the 2028 date on his card is his next renewal point, and an appointment can be booked in the window before that expiry date.
If he lets it lapse: driving past the expiry date is 무면허운전, with the same criminal exposure as driving during a suspension - the card in his pocket does not make him licensed. If the 적성검사 is not completed within one year of expiry, the licence is cancelled and he must go through the whole acquisition process again (학과시험, 기능시험, 도로주행) rather than simply renewing.
Why it matters more for him than for a private driver: his livelihood, his insurance and his employer's contracts all depend on a valid licence, and an accident while unlicensed voids insurance cover and triggers personal recovery. Two diary items follow from this case: the 2028 renewal, and clearing the outstanding 2023 penalty now so it cannot obstruct the administrative steps ahead.