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Legal Intellectual

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Q

I urgently need a consultation about a school zone traffic accident.

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Hello. This is embarrassing, but I am inquiring about a consultation regarding a school zone traffic accident. As the title says, a school zone traffic accident occurred. I violated my duty to watch the road ahead, and I was also speeding a little. My worry is beyond measure. How would it be best to respond? This is my first traffic accident; will this be taken into consideration to some extent?

school zone traffic accident

child protection zone

Min-sik's Act

A

Answer to Related Inquiry

Hello. We provide an answer to your inquiry about a school zone traffic accident.

From your inquiry alone, I cannot tell the victim's age, but I will answer assuming the victim is a child.

A traffic accident occurring in a school zone is subject to more severe punishment under the so-called 'Min-sik's Act,' which consists of an 'amendment bill to the Road Traffic Act' and an 'amendment to the Act on the Aggravated Punishment of Specific Crimes' that aggravates punishment where a driver injures or kills a child in a child protection zone.


If a child dies as a result of a school zone traffic accident, life imprisonment or imprisonment for not less than three years may be imposed, and in the case of injury, imprisonment for not less than one year and not more than 15 years or a fine of not less than 5 million won and not more than 30 million won may be imposed.

A child here means a person under 13 years of age.


In addition, if the requirement to drive slowly at 30 km/h or less is violated, different administrative fines are imposed according to the speed of the violation.


For a van, fines such as 70,000 won for 20 km/h or less, 110,000 won for 40 km/h or less, 140,000 won for 60 km/h or less, and 170,000 won for exceeding that may be imposed.


The fact that it is a first offense is a factor that the court can consider in sentencing, but in a school zone traffic accident, for which social vigilance is high, the punishment is likely to be judged more severely.

We recommend that you respond with the help of an attorney specializing in this area.

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