CONTENTS
- 1. A Client Facing a Police Investigation for One of the Ten Categories of Gross Negligence
- - Background of the Case
- 2. Assistance Provided in the Ten Categories of Gross Negligence Case
- - Proceeding with a Settlement with the Victim
- - Recovery of Civil Losses Through Automobile Insurance
- - Securing Leniency Based on First-Offender Status and Family Circumstances
- 3. Outcome of the Ten Categories of Gross Negligence Case, ‘Non-Prosecution’
- - What Are the Ten Categories of Gross Negligence?
- - Severity of the Penalty
- 4. If You Are Involved in a Ten Categories of Gross Negligence Case?
1. A Client Facing a Police Investigation for One of the Ten Categories of Gross Negligence
The client, who was facing a police investigation for one of the ten categories of gross negligence, was in a situation in which a vehicle had struck a pedestrian crossing at a crosswalk, causing a traffic accident.
Accordingly, the client sought out a traffic accident attorney in order to prepare a prompt response strategy.
Background of the Case
While returning home after finishing work, the client made a left turn in haste at a crosswalk with no traffic light.
In the process, an accident occurred in which the client failed to notice a pedestrian crossing the crosswalk and struck the pedestrian.
As a result of this accident, the pedestrian was diagnosed with an injury requiring five weeks of treatment, and the client was booked for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and came to face a police investigation.
Accordingly, the client requested assistance from a traffic accident attorney, stating, “I want to reach an amicable settlement with the victim and obtain the greatest possible leniency.”
2. Assistance Provided in the Ten Categories of Gross Negligence Case
After completing the consultation on the ten categories of gross negligence case, the traffic accident attorney closely confirmed the circumstances of the client's accident and the extent of the harm.
The attorney then reviewed the possibility of an amicable settlement with the victim and the means of recovering civil losses, prepared the necessary documents and evidence, and established a concrete response strategy.
Proceeding with a Settlement with the Victim
From immediately after the accident, the client gave priority to the victim's recovery and safety and took conscientious measures.
Accordingly, the traffic accident attorney visited the victim from the early stage of the case, explained the situation, and conveyed the client's sincere apology and willingness to take responsibility.
As a result, an amicable settlement was reached with the victim, and a clear expression that the victim did not wish for punishment, stating, “I no longer wish for any criminal punishment of the client,” was secured.
Recovery of Civil Losses Through Automobile Insurance
The traffic accident attorney first confirmed that the client was enrolled in comprehensive automobile insurance and actively made use of it in handling the accident.
The attorney then submitted the certificate of insurance enrollment as evidence and, separately from the criminal settlement, carried out the procedures so that the victim's medical expenses and other civil losses could be promptly recovered.
In addition, the attorney coordinated so that the compensation would not be delayed and carefully assisted so that the client would not bear an unnecessary burden.
Securing Leniency Based on First-Offender Status and Family Circumstances
The client had no criminal record whatsoever to date and was a member of society who ordinarily lived conscientiously and fulfilled responsibilities to family and the community.
Accordingly, the traffic accident attorney actively assisted so that the client's good character and sense of responsibility could be sufficiently taken into account.
· Proving the absence of any prior criminal record through a criminal record inquiry certificate
· Using a family relationship certificate to establish that the client supports family members and has maintained a stable life
3. Outcome of the Ten Categories of Gross Negligence Case, ‘Non-Prosecution’
As the result of assistance in the ten categories of gross negligence case, including proceeding with a settlement with the victim, making use of the automobile insurance, and submitting materials on first-offender status and family circumstances, the prosecution rendered a non-prosecution disposition.
In response, the client expressed thanks, stating, “You attended to everything carefully from immediately after the accident and promptly handled both the settlement with the victim and the insurance processing, which was a great help.”
What Are the Ten Categories of Gross Negligence?
An accident referred to in practice as one of the ‘ten categories of gross negligence’ is a type falling under the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and refers to an exceptional ground on which a public prosecution may be brought regardless of the victim's wish not to punish or whether comprehensive insurance has been taken out.
Under the current statute, there are a total of 12 such types, which include signal violation, crossing the center line, exceeding the speed limit by more than 20 km/h, and violation of the duty to protect pedestrians at a crosswalk.
No. | Type of Accident Among the Ten Categories of Gross Negligence | Description |
1 | Signal violation accident | A traffic accident occurring as a result of violating a traffic signal, a safety sign, or a police instruction |
2 | Center-line crossing accident | An accident occurring while crossing the center line, or while making a U-turn, turning, or reversing on an expressway or motorway |
3 | Speeding accident | An accident occurring while driving at a speed exceeding the speed limit by 20 km/h or more |
4 | Overtaking method or prohibition violation accident | An accident occurring as a result of violating the overtaking method, the prohibited place or time for overtaking, or the prohibition on cutting in |
5 | Railroad crossing passage method violation accident | An accident occurring as a result of failing to observe safety procedures such as a temporary stop at a railroad crossing |
6 | Crosswalk accident | An accident occurring as a result of violating the duty to protect pedestrians at a crosswalk |
7 | Unlicensed driving accident | An accident occurring while driving without a driver's license or while driving without an international driving permit |
8 | Drunk or drugged driving accident | An accident occurring while driving after consuming alcohol, narcotics, cannabis, a psychotropic drug, or the like |
9 | Sidewalk encroachment accident | An accident occurring while a vehicle encroaches on the sidewalk or crosses the sidewalk |
10 | Passenger fall prevention duty violation accident | An accident occurring as a result of failing to open and close the doors properly so that an occupant does not fall |
| 11 | Child protection zone safe-driving duty violation accident | An accident occurring as a result of a speed-limit violation, a violation of the duty to stop, or the like in a child protection zone |
| 12 | Cargo securing measure violation accident | An accident occurring as a result of falling objects or the like because the cargo was not secured |
Severity of the Penalty
Under the Road Traffic Act, a driver must make a temporary stop in order to protect pedestrians crossing at a crosswalk and must not obstruct their passage.
However, the client neglected the duty to keep a lookout ahead while making a left turn and collided with a pedestrian crossing a crosswalk without a traffic light, thereby violating the duty to protect pedestrians.
As a result, the client came to face a charge of causing injury under the Act on Special Cases concerning the Settlement of Traffic Accidents.
Severity of the Penalty
Statutory Provision | Severity of the Penalty |
Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents | Imprisonment without labor for up to 5 years or a fine of up to 20 million won |
4. If You Are Involved in a Ten Categories of Gross Negligence Case?
If you become involved in a ten categories of gross negligence case, serious disadvantages may arise, such as a custodial sentence, an investigation while in detention, and the burden of a large settlement amount, and if the early response to the case is delayed, a settlement with the victim may be difficult and the criminal liability may grow.
The traffic accident attorneys at Daeryun LLC provide the necessary legal assistance from the early stage of a case, including a settlement with the victim, the recovery of civil losses, and the preparation of materials for leniency.
If you are involved in a ten categories of gross negligence case in a situation such as the one above, please request assistance at any time through 🔗booking a legal consultation with an attorney specializing in traffic accidents.
Daeryun, the 9th-ranked law firm in the Republic of Korea (based on 2025 value-added tax filings with the National Tax Service), provides assistance with cases through its accumulated experience.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
