ATTORNEY
Traffic Accidents

As a rule, an accident that injures someone does not go to trial if the driver has comprehensive insurance or settles with the victim. Fatal accidents, hit-and-runs and accidents under 12 items such as running a signal or crossing the center line remain punishable even with insurance and a settlement.
As a rule, even an accident that injures someone does not go to trial if you have comprehensive insurance or settle with the victim. Fatal accidents, hit-and-runs and accidents involving the 12 items are different.
The key is to show the circumstances of the accident and your efforts at damage recovery in documents to reduce the penalty. Park Sang Jun and Moon Ji Yeong, who hold a Criminal Law specialization registered with the Korean Bar Association, handle these cases.
To consult in Changwon or Seoul: Changwon Office · Seoul Office
We first check whether one of the 12 items applies
We collect the original dashcam footage and the insurance claim record
We pursue a settlement with the victim's side and a court deposit
We organize and submit the accident circumstances and sentencing materials
| Type | Statutory penalty |
|---|---|
| Death or injury by occupational or gross negligence | Up to 5 years' imprisonment without labor or a fine of up to KRW 20 million |
| Failing to take required measures after an accident | Up to 5 years' imprisonment or a fine of up to KRW 15 million |
| Hit-and-run causing injury | Imprisonment for a fixed term of at least 1 year or a fine of KRW 5 million to 30 million |
| Hit-and-run causing death | Life imprisonment or at least 5 years' imprisonment |
| Injury in a children's protection zone | 1 to 15 years' imprisonment or a fine of KRW 5 million to 30 million |
| Death in a children's protection zone | Life imprisonment or at least 3 years' imprisonment |
Basis: Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(1); Road Traffic Act, Article 148; Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 5-3 and 5-13
ATTORNEY
You can, and they are separate procedures. Medical costs and damages from the insurer are civil compensation, while a criminal settlement shows damage recovery and the victim's wish on punishment in the offender's criminal case and is considered in sentencing (Criminal Act, Article 51). For accidents under the 12 items, not wanting punishment does not block an indictment (Act on Special Cases concerning the Settlement of Traffic Accidents, proviso to Article 3(2)), so the settlement agreement should state clearly whether the amount is deducted from civil damages and whether you wish the offender not to be punished.
It can be. Among the 12 items, breach of the duty to protect pedestrians at a crosswalk means failing to stop when a pedestrian is crossing or about to cross, regardless of whether there is a signal (Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(2), item 6; Road Traffic Act, Article 27(1)). Whether the pedestrian was actually crossing and how far the point of impact was from the crosswalk are the issues, so preserve the original dashcam footage first.
They cannot be compared on the same line. A fine is a criminal penalty imposed by the court and stays in your criminal record (Act on the Lapse of Criminal Sentences, Article 2), while a settlement and a court deposit are damage recovery factors considered in sentencing. The statutory penalty for accidents under the 12 items is up to 5 years' imprisonment without labor or a fine of up to KRW 20 million (Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(1)), and the actual disposition depends on the severity of injury, the nature of the negligence and whether damage was recovered, so the fine amount cannot be fixed in advance for comparison.
Yes. During the investigation you can submit additional dashcam footage, nearby CCTV, medical certificates and witness statements, and file a written opinion on which item applies. If the police decide not to send the case to the prosecutor on the ground of no right to prosecute, you can file an objection with the head of that police station within 3 months of receiving notice (Criminal Procedure Act, Article 245-7), and once an objection is filed the case is sent to the prosecutor. A Busan traffic accident lawyer works with you on supplementing the evidence and drafting the objection.
The test is whether the accident can go to trial. Even if someone is injured, as a rule no indictment can be brought if you have comprehensive insurance or the victim does not want punishment, so the case ends with the insurance claim (Act on Special Cases concerning the Settlement of Traffic Accidents, Articles 3(2) and 4). On the other hand, fatal accidents, hit-and-runs, refusing a breath test, accidents under the 12 items and accidents causing serious injury to the victim proceed criminally even with insurance and a settlement, so a consultation is needed before police questioning.
It is. Bicycles and personal mobility devices are vehicles under the Road Traffic Act (Article 2, item 17), and when the driver of a vehicle injures someone, the Act on Special Cases concerning the Settlement of Traffic Accidents applies (Articles 2 and 3(1)). Without insurance that meets the special case requirements, like comprehensive car insurance, the insurance special case (Article 4) does not apply, so a settlement with the victim becomes the factor that decides whether you are indicted. First organize the medical diagnosis, the accident location and whether a signal was violated.