Page title background (PC version)Page title background (mobile version)

Practice Areas

Traffic Accident Crime

A traffic accident crime refers to a case in which conduct amounting to a crime occurs in the context of a traffic accident.

CONTENTS
  • 1. Traffic Accident Crime | Definition
    • - Types of Traffic Accident Crime
  • 2. Traffic Accident Crime | Level of Punishment
    • - Aggravated Punishment for Fleeing After a Personal-Injury Accident
    • - Sentencing Guidelines for Traffic Accident Crime
  • 3. Traffic Accident Crime | If You Are a Suspect?
    • - Initial Response When an Accident Occurs
    • - Police Investigation Stage
    • - Trial Stage
    • - Administrative Disposition Stage
  • 4. Traffic Accident Crime | If You Are a Victim?
    • - Reporting a Traffic Accident Crime
    • - Proceeding with a Criminal Complaint
  • 5. Traffic Accident Crime | Methods of Response
    • - If You Need Legal Assistance

1. Traffic Accident Crime | Definition

Criminal Group's Practice Area for the Definition of Traffic Accident Crime

A traffic accident crime refers to a case in which, in the context of a traffic accident, the suspect drove under the influence or caused personal or property damage.

The 12 categories of gross-negligence traffic accidents set out in the Act on Special Cases concerning the Settlement of Traffic Accidents are also included in traffic accident crimes.

When such a result occurs, there is a high likelihood of criminal punishment regardless of whether the driver has insurance coverage or has reached a settlement with the victim.

Types of Traffic Accident Crime

Traffic accident crimes are generally divided into property-damage accidents and personal-injury accidents.

Property-Damage Accidents

This refers to an accident that occurs when a traffic accident causes damage to the other party's property, such as a vehicle, building, or facility.

Personal-Injury Accidents

This refers to an accident in which a traffic accident injures a person or causes a person's death.

2. Traffic Accident Crime | Level of Punishment

The laws governing the level of punishment for traffic accident crimes include the Road Traffic Act, the Criminal Act, the Act on Special Cases concerning the Settlement of Traffic Accidents, and the Act on Aggravated Punishment of Specific Crimes.

Road Traffic Act Article 151 (Penalties)Where the driver of a vehicle or tram damages another person's structure or other property by neglecting the care required in the course of duty or through gross negligence, imprisonment without labor for not more than 2 years or a fine not exceeding 5 million won
Act on Special Cases concerning the Settlement of Traffic Accidents Article 3 (Special Cases concerning Punishment)Where the driver of a vehicle, through occupational negligence or gross negligence in a traffic accident, causes the death or injury of a person, imprisonment without labor for not more than 5 years or a fine not exceeding 20 million won

Aggravated Punishment for Fleeing After a Personal-Injury Accident

Violation

Victim's Condition

Punishment

Simple flight

Death

Life imprisonment or imprisonment for not less than 5 years

Injury

Imprisonment for a definite term of not less than 1 year, or a fine of not less than 5 million won and not more than 30 million won

Moving the victim from the accident scene

and abandoning the victim, then fleeing

Death

Death penalty, life imprisonment, or imprisonment for not less than 5 years

Injury

Imprisonment for not less than 3 years

Sentencing Guidelines for Traffic Accident Crime

① General Traffic Accidents

▷ Where the victim also bears substantial fault in the occurrence of the traffic accident or the expansion of the harm

▷ Where only minor injury occurred (in the case of injury)

▷ Diminished mental capacity

▷ The victim does not wish punishment, or substantial recovery of the harm (including deposit)

▷ Where the victim was a passenger riding free of charge as a favor

▷ Enrollment in comprehensive automobile insurance

▷ Sincere reflection

▷ Where there is no record of criminal punishment

② Fleeing After a Traffic Accident

▷ Where the victim also bears substantial fault in the occurrence of the traffic accident or the expansion of the harm

▷ Where there are circumstances in the motive for the offense that particularly warrant consideration (in the case of fleeing after causing injury)

▷ Where only minor injury occurred (in the case of fleeing after causing injury and fleeing after abandonment)

▷ Diminished mental capacity

▷ Voluntary surrender

▷ The victim does not wish punishment, or substantial recovery of the harm (including deposit)

▷Considerable recovery of the harm (including deposit)

▷ Enrollment in comprehensive automobile insurance

▷ Sincere reflection

▷ Where there is no record of criminal punishment

3. Traffic Accident Crime | If You Are a Suspect?

Initial Response Methods for a Traffic Accident Crime Suspect

For a suspect in a traffic accident crime, prompt and appropriate initial response immediately after the accident, together with careful statements and management of evidence during the police investigation and trial, is of the utmost importance.

Initial Response When an Accident Occurs

Immediately stop the vehicle in a safe place and set up a safety triangle to prevent a secondary accident.

If there is a victim, promptly take rescue measures and call 119.

Record the accident scene with photographs or video, and report the accident to the police without delay.

Also notify the insurance company of the accident, and follow the insurance company's accident-handling procedures.

Police Investigation Stage

When undergoing a police investigation, you should make only fact-based statements, as false statements may result in legal disadvantages.

The police gather evidence and conduct questioning of the suspect, and the suspect has an opportunity to give an account of the alleged charges.

If necessary, you may prepare additional evidence and rebuttal materials together with an attorney.

Trial Stage

At trial, the defendant may assert innocence or work toward a reduction of the sentence.

Depending on the outcome of the judgment, the defendant may be subject to criminal punishment such as a fine or imprisonment with labor, and if the defendant does not accept the judgment, the defendant may proceed with an appeal or final appeal.

Tip)

It is important to record the accident scene thoroughly with photographs and video, and to keep the terms of any settlement with the other party in writing.

During the police investigation, give statements carefully and based on the facts, and where possible it is safer to respond after consulting an attorney.

In addition, if a settlement with the victim has been reached, you should be sure to secure the related documents and proof of recovery from harm, as these can help in reducing the sentence.

Administrative Disposition Stage

In connection with a traffic accident crime, an administrative disposition such as suspension or revocation of the driver's license may be imposed.

If you do not accept the administrative disposition, you may seek relief for your rights through procedures such as an objection, an administrative appeal, or administrative litigation, so it is important to respond promptly.

4. Traffic Accident Crime | If You Are a Victim?

A victim of a traffic accident crime should report the matter to the police promptly immediately after the accident and, if necessary, may request the suspect's punishment through the criminal complaint process.

Reporting a Traffic Accident Crime

When a traffic accident crime occurs, the victim must report it without delay to a police officer if one is present at the scene, and to the nearest police office if none is present.

The report should include the place where the accident occurred, the number of casualties and the degree of injury, the property damaged and the extent of the damage, and other measures taken.

Proceeding with a Criminal Complaint

When a traffic accident crime occurs, the victim may report the occurrence of the accident to the police and then proceed with the criminal complaint process.

A criminal complaint refers to the formal legal procedure of notifying an investigative agency of the facts of a crime and requesting the punishment of the suspect.

① Drafting and Submitting the Complaint

The victim or the statutory agent submits the complaint to the police station or the prosecutors' office.

The complaint should set out in detail the circumstances of the accident, the nature of the harm, the personal details of the suspect, and the supporting evidence.

② Commencement of the Investigation

After receiving the complaint, the police or the prosecutors gather the relevant evidence and conduct the investigation by examining the victim, the suspect, and witnesses.

③ Decision on Whether to Indict

Based on the results of the investigation, the prosecutors determine whether to indict.

Once indictment is decided, a trial is held at the court, and the victim may participate in the trial proceedings.

④ Trial and Judgment

The court examines the case on the basis of the evidence and statements, and if guilt is established, it sentences the suspect to criminal punishment.

Tip)

In traffic accident crimes such as traffic signal violations and crosswalk accidents, the account of the accident is often reversed by witness statements, so securing witnesses is the most important step.

Even a suspect who admits fault at the time of the accident often later retracts the statement or gives a statement favorable to themselves.

For this reason, obtaining a written confirmation from the other party so that they cannot retract their assertions can also be a useful approach.

5. Traffic Accident Crime | Methods of Response

Practice Area Traffic Accident Crime The Need for Assistance From a Criminal Defense Attorney

When a traffic accident crime occurs, the victim should promptly report the accident, work to secure witnesses and gather evidence, and actively pursue the criminal complaint and damages claim procedures.

The suspect should record the accident scene and the circumstances of the harm thoroughly and give careful, fact-based statements during the police investigation.

In addition, serious violations such as fleeing the scene or abandoning the victim are subject to severe punishment, so caution is required.

If You Need Legal Assistance

A traffic accident crime goes beyond simple accident handling and involves a combination of various legal issues, including criminal punishment, civil liability, and insurance matters, so a professional and systematic response is needed.

Early Investigation Response and Statement Strategy

We systematically establish preparation for anticipated questions in the police and prosecutorial investigations, statement techniques, and a defense strategy.

Support for Criminal Trial Preparation and Drafting of Sentencing Materials

We structure sentencing materials such as letters of apology and petitions in line with the court's perspective, and provide tailored advice down to the timing and method of submission.

Response to Insurance Matters and Civil Damages Claims

In collaboration with civil attorneys, we carry out the response strategy and legal representation when civil litigation arises.

Support for Administrative Dispositions and Appeal Procedures Related to Traffic Accident Crimes

In collaboration with administrative attorneys, we represent clients throughout the entire process, from objections to administrative dispositions such as driver's license suspension or revocation through administrative litigation.

Watch related video content
for this case study.

  1. Criminal Deposit Q&A 🔎 Ask anything! 👀

Related Information
Background

Daeryun's Key Strengths

Daeryun's exclusive AI · IT
litigation strategies
Over 260
key members
1,200+ cases
handled monthly

* January 2026 Bar Association Transit Permit Issuance Criteria

*Complies with Korean Bar Association Advertising Regulations Article 4 Paragraph 1

Attorney
Legal consultation booking

All consultations are conducted by specialized lawyers after reviewing the case. It is carried out on a reservation basis to ensure a professional process.We encourage you to make an early reservation for consultation, and request adherence to the scheduled time. We will do our best to provide a satisfying consultation.

Phone
consultation 1800-7905

Available 24/7, 365 days
for consultation requests

Phone booking

KakaoTalk
consultation

KakaoTalk channel

Daeryun Law Firm Attorneys

KakaoTalk booking

Online
consultation

We provide tailored
legal services.

Online booking
Quick Menu

KakaoTalk