On October 25, 2024, an amendment to the Road Traffic Act will take effect to regulate vehicles equipped with ignition interlock devices. (Act No. 754, May 31, 2005, amended by Act No. 19745, Oct. 24, 2023) (unofficial translation).
The amendment defines “ignition interlock device” as a mechanism that prevents a motor vehicle from starting when a person attempts to drive it while intoxicated. (Art. 2 para. 34.)
A person whose driver’s license was revoked following a second conviction for driving while intoxicated or noncompliance with a breath test within five years from the date of the first conviction may obtain a conditional driver’s license that allows them to drive a vehicle with an ignition interlock device. (Art. 80-2.) They must take a traffic safety course on how to operate the device and on avoiding driving while intoxicated before applying for the conditional license. (Art. 73 (6).)
Drivers who obtain a conditional driver’s license must register their vehicles with the commissioner of the police agency of their municipality. (Art. 50-3 (1).) A driver with a conditional license who installed an ignition interlock device and is a commercial motor vehicle transport service provider also must file for registration with the police commissioner. (Art. 50-3 (2).)
The amended act prohibits removal of an ignition interlock device and requires installation standards to be met. (Art. 50-3 (3).) It also prohibits dismantlement, manipulation, or undermining the utility of an ignition interlock device installed in a motor vehicle except in limited, specified circumstances. (Art. 50-3 (4).) The amended act prohibits anyone to blow into in ignition interlock device on behalf of the holder of the conditional driver’s license or otherwise fraudulently enabling a person with a conditional driver’s license to drive a vehicle equipped with a device. (Art. 50-3 (5).)
A person who has registered a motor vehicle with an ignition interlock device must submit the operation records of their vehicle with the municipal police commissioner at least twice a year and undergo an inspection of the device’s operability. (Art. 50-3 (6).)
If a person drives a vehicle equipped with an ignition interlock device without registration, uninstalls a device, or fails to meet the installation standards, or knowingly drives a vehicle with a dismantled or manipulated device, his or her driver’s license shall be revoked. (Art. 93 (1) 21-23.)
A person who dismantles or manipulates the ignition interlock device or otherwise undermines its utility may be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won (around US$22,450). A person with a conditional driver’s license who knowingly drives a motor vehicle with a dismantled or manipulated device may be punished by imprisonment for not more than one year or by a fine not exceeding 3 million won. A person who blows into the device or otherwise fraudulently causes an equipped vehicle to start to allow a person with a conditional license to drive also may be punished by imprisonment for not more than one year or by a fine not exceeding 3 million won. (Art. 148-3.)
Prepared by Inseol Hong, Foreign Law Intern, under the supervision of Sayuri Umeda, Foreign Law Specialist
Law Library of Congress, September 17, 2024
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