After working all night, a driver was so exhausted that there was a risk of being unable to drive normally, yet still drove a car. What is the penalty for this violation?
The penalty for violating Article 45 is set in different provisions depending on whether the cause is drugs or fatigue and illness (Articles 148-2(5) and 154, Subparagraph 3 of the Road Traffic Act). Memorize them paired by cause so they do not get mixed up with the figures for drunk driving and drug driving.
Answer: ①
Explanation
Article 45(1) of the Road Traffic Act prohibits driving when there is a risk of being unable to drive normally due to fatigue, illness and the like; this is a duty, not a recommendation. Violating it because of fatigue or illness is punishable under Article 154(3) by a criminal fine of up to 300,000 won or detention. Up to 5 years or 20 million won is the penalty for drug-impaired driving, and up to 1 year or 5 million won is for drunk driving at 0.03 to under 0.08 percent.
Legal basis: 도로교통법 제45조 제1항, 제154조 제3호