Article 93(Revocation and suspension of drivers' licenses) #
(1) When a person who has obtained a driver's license (including a conditional driver's license, but excluding a learner’s license; hereafter in this Article the same shall apply) falls under any of the following cases, the commissioner of a City/Do police agency may revoke the driver's license (including all classes of drivers' licenses held by the driver; hereafter in this Article the same shall apply) or suspend it for up to 1 year, in accordance with the standards prescribed by Decree of the Ministry of the Interior and Safety; provided, when such person falls under subparagraph 2, 3, 3-2, 7, 8, 8-2, 9 (excluding where the period for a regular aptitude test period has lapsed), 14, 16, 17, or 20 through 23, his or her driver's license shall be revoked (in cases falling under subparagraph 8-2, the scope of drivers' licenses to be revoked shall be limited to those obtained by fraud or improper means); and where such person falls under subparagraph 18, his or her driver's license shall be revoked or suspended for a period of up to one year at the request of the head of the relevant administrative agency unless there is good cause: <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 30, 2014; Aug. 11, 2015; Jan. 27, 2016; Jul. 26, 2017; Mar. 27, 2018; Dec. 24, 2018; Jun. 9, 2020; Dec. 22, 2020; Jan. 12, 2021; Oct. 24, 2023; Feb. 13, 2024; Mar. 19, 2024; Dec. 3, 2024>
1. When a person drives a motor vehicle, etc. while intoxicated, in violation of Article 44 (1);
2. When a person who has violated Article 44 (1), the latter part of Article 44 (2), or paragraph (5) of that Article (limited to cases where he or she has driven a motor vehicle, etc.; hereafter in this subparagraph and subparagraph 3, the same shall apply) again violates paragraph (1) of that Article and thereby becomes subject to grounds for suspension of his or her driver's license;
3. When a person fails to comply with a request for a test from any police official although the person is unquestionably believed to be driving a motor vehicle while intoxicated, in violation of the latter part of Article 44 (2);
3-2. Where a person for whom there is reasonable ground to believe that he or she is in a state of intoxication in violation of Article 44 (5), engages in an act of interfering with a breath test after driving a motor vehicle, etc.;
4. When a person drives a motor vehicle, etc. although the person is likely to be unable to drive a motor vehicle, etc. normally on the grounds of being under the influence of drugs, in violation of Article 45;
5. When a person commits any dangerous collective conduct with others, in violation of Article 46 (1);
5-2. When a person recklessly drives a motor vehicle, in violation of Article 46-3;
5-3. Where a person drives a motor vehicle, etc. at a speed exceeding the maximum speed limit prescribed in Article 17 (1) and (2) by more than 100 kilometers per hour, in violation of Article 17 (3);
6. When a person fails to take necessary measures or to report pursuant to Article 54 (1) or (2) after killing or injuring any other person in a traffic accident;
7. When a person is ineligible to obtain a driver's license pursuant to Article 82 (1) 2 through 5;
8. When a person ineligible to obtain a driver's license pursuant to Article 82 obtains a driver's license or is found to have been issued a driver's license or other certificate in lieu of a driver's license in the period during which his or her driver's license is suspended;
8-2. Where they obtain certification by fraud or other improper means;
9. When a person fails to take an aptitude test provided for in Article 87 (2) or 88 (1) or fails to pass such aptitude test;
10. When a person causes a traffic accident by intent or negligence while driving a motor vehicle, etc.;
10-2. When a person who has obtained a driver's license commits an offense under Article 258-2, 261, 284, or 369 of the Criminal Act, by using a motor vehicle, etc.;
11. When a person who has obtained a driver's license commits any of the following crimes, by using a motor vehicle, etc. as the tool or place of the relevant crime:
(a) Any crime under Articles 4 through 9 of the National Security Act, or the crime of fabricating, destroying or concealing any evidence under Article 12 of that Act;
(b) Any of the following crimes under the Criminal Act:
(i) Homicide, abandonment of a dead body, or arson;
(ii) Robbery, rape, or an indecent act by compulsion;
(iii) Kidnapping, abduction, or confinement;
(iv) Habitual larceny (limited to cases of transporting stolen goods);
(v) Obstruction of traffic (limited to a violation by the threat of collective force);
(c) A crime under Articles 8 through 10 of the Special Act on Prevention of Insurance Fraud;
12. When a person steals or robs another person's motor vehicle, etc.;
13. When a person applies for a driver's license test provided for in Article 83 in order to assist another person to illegally obtain a driver's license;
14. When a person assaults any police official, etc. or any Si/Gun public official engaging in traffic patrol pursuant to this Act;
15. When a person lends his or her driver's license to any other person in order to enable the latter to drive a motor vehicle or uses the driver's license of any other person to drive a motor vehicle;
16. When a person drives any motor vehicle unregistered pursuant to the Motor Vehicle Management Act or any motor vehicle (excluding any two-wheeled vehicle) for which a temporary driving permission is not obtained;
17. When any ground for revoking a learner's license accrues before a person obtains a Class I or II ordinary driver's license;
18. When the head of any relevant administrative agency requests for disposition to revoke or suspend a driver's license pursuant to other Acts;
18-2. When a person drives a truck, in violation of Article 39 (1) or (4);
19. When a person violates this Act or any order issued or any disposition taken in accordance with this Act;
20. When a person returns, of his or her own will, his or her driver’s license to the commissioner of a City/Do police agency for the lapse of the license; provided, this shall not apply where the said driver’s license is subject to a disposition of revocation or suspension, or is in the period of suspension.
21. When a person drives a motor vehicle, etc. equipped with an ignition interlock device without registering it with the relevant City/Do police agency, in violation of Article 50-3 (1);
22. When a person drives a motor vehicle, etc. in which an ignition interlock device is not installed or an ignition interlock device fails to meet the installation standards, in violation of Article 50-3 (3);
23. Where a person drives a motor vehicle, etc. with an ignition interlock device while aware that the device is dismantled, manipulated, or its utility has been undermined, in violation of Article 50-3 (4).
(2) The commissioner of a City/Do police agency may give demerit points to a person who violates traffic laws and regulations, or who causes any traffic accident, according to the extent of the violation, the resulting damage, etc. as prescribed by Decree of the Ministry of the Interior and Safety in order for such demerit points to be used as a basis for revoking or suspending drivers' licenses pursuant to paragraph (1). Where such demerit points exceed a certain threshold during a period set by Decree of the Ministry of the Interior and Safety, the drivers' licenses may be revoked or suspended, as prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>
(3) When a person who holds a learner's license causes any traffic accident by intent or negligence while driving a motor vehicle or violates this Act, or any order or disposition issued or taken pursuant to this Act, the commissioner of a City/Do police agency shall revoke his or her learner's license; provided, the same shall not apply where the accident is not attributable to the person or in other cases prescribed by Presidential Decree. <Amended on Dec. 22, 2020>
(4) When the commissioner of a City/Do police agency intends to take a disposition to revoke or suspend a driver's license pursuant to paragraph (1) or (2) or intends to take a disposition to revoke a learner's license pursuant to paragraph (3), he or she shall pre-notify the party subject to the disposition of the terms of the disposition and a deadline for presenting his or her opinion, as prescribed by Decree of the Ministry of the Interior and Safety, and when the commissioner takes the disposition, he or she shall notify the party subject to the disposition of the grounds for such disposition and the period during which an administrative appeal may be filed, as prescribed by Decree of the Ministry of the Interior and Safety; provided, when the commissioner of a City/Do police agency intends to revoke a driver's license due to the party's failure to undergo an aptitude test provided for in Article 87 (2) or 88 (1), he or she shall notify the party subject to the disposition of the fact that if he or she fails to undergo the aptitude test before the date until which he or she can undergo an aptitude test arrives, his or her driver's license shall be revoked in lieu of the notice served before or after the disposition, as prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>
[This Article Wholly Amended on Jun. 8, 2011]
[Paragraph (1) of this Article, which was found unconstitutional by the Constitutional Court on May 25, 2017, was amended by Act No. 15530 on Mar. 27, 2018]
[Paragraph (1) of this Article, which was found unconstitutional by the Constitutional Court on Jun. 25, 2020, was amended by Act No. 17891 on Jan. 12, 2021]