CONTENTS
- 1. Failure to Take Measures After an Accident/Hit-and-Run | Concept
- 2. Failure to Take Measures After an Accident/Hit-and-Run | The Driver's Obligations
- - Duty to Stop Immediately and Take Measures
- - Duty to Report
- - Duty to Comply with Police Instructions
- 3. Failure to Take Measures After an Accident/Hit-and-Run | Punishment
- - Failure to Take Measures After an Accident/Hit-And-Run, Cases of Aggravated Punishment
- 4. Failure to Take Measures After an Accident/Hit-and-Run | Response Methods
- - Preparation Before Making a Statement
- - Statements Based on Facts
- - Refraining from Emotional Responses
- 5. Failure to Take Measures After an Accident/Hit-and-Run | Importance of Legal Assistance
1. Failure to Take Measures After an Accident/Hit-and-Run | Concept
Failure to take measures after an accident/hit-and-run refers to a person who has caused a traffic accident leaving the scene without taking the necessary measures.
Under the Road Traffic Act, where a traffic accident occurs, the driver must immediately stop, take measures such as aiding the casualties, and provide the victim with their personal information.
Where the driver fails to take these measures or flees out of fear of punishment, a more severe punishment is imposed.
2. Failure to Take Measures After an Accident/Hit-and-Run | The Driver's Obligations
When a traffic accident occurs, the driver of the vehicle or tram that caused the accident must, under Article 54 of the Road Traffic Act, fulfill the following obligations.
This is a legal obligation intended to secure the safety of the victim and to prevent further harm by promptly taking the necessary measures after the accident.
Duty to Stop Immediately and Take Measures
As soon as an accident occurs, the driver must stop the vehicle and take the following measures without delay.
• Aid to the Casualties
If there are injured persons or fatalities, relief measures must be taken immediately, and in emergency situations, prompt first aid and a request for medical assistance are necessary.
• Providing Personal Information to the Victim
The driver must inform the victim of personal information such as name, telephone number, and address.
Duty to Report
If a police officer is present at the scene of the accident, the driver and others must report the accident to that officer; if no officer is present, they must immediately report the following matters to the nearest national police agency (such as a community police office or police substation).
• The number of casualties and the extent of their injuries
• The damaged property and the extent of the damage
• Other necessary measures
However, where only a vehicle or a tram is damaged and necessary measures have been taken to prevent danger on the road and to ensure the smooth flow of traffic, the duty to report is exempted.
Duty to Comply with Police Instructions
A police officer who receives the report may, if the officer determines it necessary to provide aid to the injured at the scene and to prevent traffic hazards, order the driver and others to remain at the scene, and the driver and others must comply with the officer's instructions.
In the case of an emergency vehicle or a vehicle transporting an injured person, a passenger may carry out the post-accident measures and reporting on the driver's behalf, and the driver may continue driving in the emergency situation.
3. Failure to Take Measures After an Accident/Hit-and-Run | Punishment
If a driver fails to perform the above duties or leaves the scene when a traffic accident occurs, the driver is subject to strict punishment under the Road Traffic Act.
▶ Road Traffic Act Article 148 (Penalty Provisions)
A person who fails to take measures when a traffic accident occurs | Imprisonment for not more than 5 years or a fine of not more than 15 million won |
In addition, where a person obstructs another who is attempting to perform the duty to take measures after an accident, or obstructs such an act, that person is subject to the following punishment.
▶ Road Traffic Act Article 153 (1) 5
A person who obstructs the taking of measures or the reporting upon the occurrence of a traffic accident | Imprisonment for not more than 6 months, a fine of not more than 2 million won, or detention |
Failure to Take Measures After an Accident/Hit-And-Run, Cases of Aggravated Punishment
Where, in a situation in which a victim has died or been injured in a traffic accident, the driver leaves the scene without performing duties such as providing aid to the victim, very severe aggravated punishment applies under Article 5-3 of the 『Act on Aggravated Punishment of Specific Crimes』.
Where the driver causes the death of the victim and flees | Life imprisonment or imprisonment for at least 5 years |
Where the driver causes injury to the victim and flees | Imprisonment for a definite term of at least 1 year or a fine of at least 5 million won and not more than 30 million won |
Where the driver causes the death of the victim, moves the victim from the scene, abandons the victim, and flees | Death penalty, life imprisonment, or imprisonment for at least 5 years |
Where the driver causes injury to the victim, moves the victim from the scene, abandons the victim, and flees | Imprisonment for a definite term of at least 3 years |
※ The Meaning of Fleeing
This serves as a basis for assessing the driver's legal liability more heavily. (Supreme Court Decision 2004Do250, March 12, 2004)
4. Failure to Take Measures After an Accident/Hit-and-Run | Response Methods
If you become subject to a police investigation for failure to take measures after an accident or a hit-and-run, a careful and systematic response is very important.
Preparation Before Making a Statement
Before the investigation, it is advisable to organize the circumstances at the time of the accident and to secure relevant materials such as witness statements and dashcam footage.
Because whether criminal punishment is imposed may differ depending on the circumstances of the case, confirming the facts is very important.
Consulting with an attorney experienced in this area and preparing anticipated questions and answers in advance can help to enhance the consistency and credibility of later statements.
Statements Based on Facts
Investigative agencies place importance on the consistency and specificity of statements, so one should rely on memory while strictly refraining from making false statements.
Conveying one's position consistently and based on objective facts can help to lead to a favorable determination.
Refraining from Emotional Responses
During the investigation, one should refrain from emotional reactions and maintain a calm attitude.
Unnecessary arguments or disputes can worsen the situation, so it is advisable to respond as calmly as possible.
5. Failure to Take Measures After an Accident/Hit-and-Run | Importance of Legal Assistance
Unlike ordinary traffic accidents, cases of failure to take measures after an accident or hit-and-run make the initial response very important, owing to the gravity of the matter and the possibility of criminal punishment.
From the investigation by the investigative agency to the determination of whether to indict and the sentencing, a legal strategy and a professional response are needed, so it is advisable to receive the assistance of an attorney experienced in this area and to clearly establish the direction of the response.
Drawing on its experience handling numerous cases of failure to take measures after an accident and hit-and-run, this firm establishes a systematic response strategy through accurate identification of the facts and analysis of the legal issues from the early stage of a case.
The firm also helps to prevent unfavorable statements through mock investigation simulations similar to an actual police investigation, and it prepares practical solutions such as settlement with the victim and the securing of evidence.
If you are being investigated on suspicion of failure to take measures after an accident or hit-and-run, or are concerned about punishment, 🔗a traffic accident attorney may assist you in establishing a response strategy together.
