CONTENTS
- 1. The 12 Categories of Gross Negligence | Definition
- 2. The 12 Categories of Gross Negligence | Types
- 3. The 12 Categories of Gross Negligence | Legal Liability
- - Criminal Punishment
- - Administrative Disposition
- - Civil Liability for Damages
- 4. 12 Categories of Gross Negligence | Response Methods
- - Preservation of the Accident Scene and Reporting
- - Criminal Settlement with the Victim
- - Points to Note During Police Questioning and Statements
- - Organizing Sentencing Factors and Preparing Mitigating Materials
- 5. 12 Categories of Gross Negligence | Procedures You Can Handle on Your Own
- - When Assistance Is Needed
1. The 12 Categories of Gross Negligence | Definition
A traffic accident involving the 12 categories of gross negligence refers to a traffic accident that occurs due to gross negligence in which the driver's degree of fault is large.
A traffic accident involving the 12 categories of gross negligence is subject to criminal punishment without regard to whether there is a settlement with the victim or whether the driver has taken out insurance.
The types of traffic accidents involving the 12 categories of gross negligence are as follows.
2. The 12 Categories of Gross Negligence | Types
① Traffic signal violation
This refers to a case in which a vehicle proceeds in disregard of the indication of a traffic light or the signal of a police officer directing traffic.
② Crossing the center line
This is a case of crossing the center line and entering the opposite lane, or crossing a highway or similar road, or making a U-turn or reversing.
③ Exceeding the speed limit
This is a case of exceeding the speed limit prescribed under the Road Traffic Act by 20 km/h or more, and when an accident occurs due to speeding, the harm may be enlarged through an increase in braking distance, a rise in collision force, and the like.
④ Overtaking and cutting in
This is a case of attempting to overtake in a section where overtaking is prohibited, such as an intersection, a tunnel, or a bridge, or of violating the method of overtaking on a highway.
⑤ Violation of the method of crossing a railroad crossing
This refers to a case of passing straight through a railroad crossing without stopping or in disregard of the signal.
⑥ Violation of the duty to protect pedestrians at a crosswalk
This refers to a case of causing an accident by proceeding without yielding to a pedestrian crossing at a crosswalk.
⑦ Driving without a license
This refers to a case of driving without a driver's license or a construction machinery operator's license, or of driving while the license is suspended or revoked.
⑧ Driving under the influence of alcohol or drugs
This refers to a case of drunk driving (a blood alcohol concentration of 0.03% or higher) or of driving in a state in which normal driving is difficult after taking drugs.
⑨ Encroachment on the sidewalk and violation of the method of crossing the sidewalk
This refers to a case in which a vehicle enters the sidewalk, or crosses the sidewalk without taking safety measures.
⑩ Violation of the duty to prevent passengers from falling
Where a driver departs or operates the vehicle without securing the safety of passengers on board, and a passenger falls, this is regarded as gross negligence.
⑪ Violation of the duty of safe driving within a child protection zone
This refers to a case of injuring a child through a speed limit violation, a violation of the duty to stop, or the like in a school zone.
⑫ Violation of cargo securing measures
This refers to a case of causing a falling-object accident by failing to secure cargo loaded on a vehicle so that it does not fall.
3. The 12 Categories of Gross Negligence | Legal Liability
An accident involving the 12 categories of gross negligence is a serious legal matter in which criminal punishment, administrative disposition, and civil liability for the driver's conduct may arise at the same time.
Each liability structure is distinguished as follows.
Criminal Punishment
Even for a vehicle covered by comprehensive insurance, where the driver causes a traffic accident through a violation of the law falling within the 12 categories of gross negligence, the special case exempting criminal punishment does not apply.
Accordingly, it should be noted that criminal punishment is possible regardless of whether there is a settlement with the victim.
In the case of the 12 categories of gross negligence, criminal punishment is imposed under Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents.
| Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (Special Cases on Punishment) | Imprisonment without labor for not more than 5 years or a fine of not more than 20 million won |
Administrative Disposition
An accident involving one of the 12 categories of gross negligence also meets the criteria for an administrative disposition of a license under the Road Traffic Act, so a suspension or revocation of the driver's license may be imposed.
When a driver's license is revoked, a disqualification period is imposed during which the license cannot be reacquired, and the length of that period depends on the underlying ground.
Only after this disqualification period has elapsed can the reacquisition procedures, such as applying for the license examination, proceed.
In addition, after the disqualification period has passed, the driver must complete the mandatory special traffic safety education before the driver's license can be acquired.
▶ Disqualification Period
| Driving without a license | 1 year from the date of violation, but 5 years from the date of violation if casualties occurred and no measures were taken |
| Drunk driving (DUI) | 5 years from the date of license revocation |
Civil Liability for Damages
Civil liability for damages arises with respect to the physical and property loss sustained by the victim, and such loss is generally handled through comprehensive insurance.
In the case of an accident involving one of the 12 categories of gross negligence, however, the driver may bear a portion of the burden personally, for example when the insurer makes a reimbursement claim against the driver for the amount it paid to the victim.
4. 12 Categories of Gross Negligence | Response Methods
When a traffic accident falls within one of the 12 categories of gross negligence, the possibility of criminal punishment becomes substantially higher than in a simple negligence accident, so it is important to take the following step-by-step measures promptly.
Preservation of the Accident Scene and Reporting
Immediately after the accident, the driver should report the matter to the police at once and preserve evidence by capturing photographs or video of the scene, including dashcam footage, the condition of the vehicle damage, and the location of the victim.
If the victim is injured, rescue measures and a 119 emergency report must be carried out without omission, and these measures may also affect the level of criminal punishment imposed later.
Criminal Settlement with the Victim
In the case of an accident involving one of the 12 categories of gross negligence, it is difficult to avoid punishment without a criminal settlement, even if the driver is covered by comprehensive insurance.
For this reason, it is advisable to make active efforts toward a settlement through smooth communication with the victim's side, and it is prudent to obtain professional advice on the legal effect and formal requirements of the settlement agreement prepared at that time.
Points to Note During Police Questioning and Statements
At the investigation stage before the police or the prosecution, the driver should clearly state the circumstances of the driving conduct, the situation at the time, and whether the duty of care was fulfilled, and it can be helpful to prepare and submit a written statement or opinion if necessary.
Because an unfavorable statement can inadvertently aggravate criminal liability, obtaining the assistance of counsel from the early stage of the investigation is recommended.
Organizing Sentencing Factors and Preparing Mitigating Materials
In preparation for the possibility that the matter proceeds to trial, it is advisable to organize sentencing materials, including the circumstances at the time of the accident, efforts to remedy the harm, the driver's living circumstances, whether the driver is a first-time offender, and a letter of reflection.
In particular, a settlement with the victim, community service, and financial hardship resulting from license suspension are key factors that may be reflected in a decision on reduction of sentence or a suspended sentence.
5. 12 Categories of Gross Negligence | Procedures You Can Handle on Your Own
Immediately after a traffic accident, there are certain procedures, up to a certain level, that you can handle on your own.
For example, obtaining a traffic accident confirmation certificate, submitting a medical certificate, and reporting the accident to the insurer are steps that a driver can carry out relatively easily.
▶ How to Obtain a Traffic Accident Confirmation Certificate
Offline, you can visit the competent police station with your identification.
Confirming the accident report number in advance can speed up issuance.
When Assistance Is Needed
When an accident falls within one of the 12 categories of gross negligence, the situation changes considerably.
From this point, the possibility of criminal booking becomes a reality, and a criminal settlement with the victim, responses to police and prosecution questioning, and the preparation of materials for a future trial are required.
This firm's 🔗traffic accident attorneys, who have handled numerous cases in the field of traffic accidents, provide assistance with defense strategies tailored to the client's situation based on accumulated case data.
Through preliminary review reflecting the investigative procedures of the authorities and comparison with similar precedents, they construct the assessment of the proportion of fault and the response strategy with precision.
In addition, by managing the case as a whole in an integrated manner, from the settlement with the victim to relief from administrative dispositions, they make their best efforts to reduce the client's criminal liability and economic loss.
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