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Q
What punishment applies in the case of failure to take measures after an accident, where a person flees after a traffic accident?
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A minor contact accident occurred at an alley intersection. While I was flustered, soothing my child in the back seat, the other party's motorcycle fled without leaving any contact information. In such a case, would this constitute failure to take measures after an accident, allowing for legal action? The other vehicle's license plate was captured on my dashcam, so I was able to identify it, and I have already filed a police report. I am curious about exactly what punishment the other party, who so shamelessly left the scene after causing a traffic accident, will receive.
Hit-and-run
Failure to take measures after an accident
Answer to Related Inquiry
Author: 박동일
If the situation is one in which the other party refused to process insurance and exchange contact information and fled after a contact accident at an intersection, this may constitute failure to take measures after an accident under the Road Traffic Act.
When an accident occurs, a driver must take all necessary measures, such as aiding the casualties, and must inform the victim of their name, phone number, address, and the like.
Leaving the accident scene without taking such measures after causing the accident can be a legal problem, and the victim's side may obtain compensation for property damage.
In the case of failure to take measures after an accident, the offense may be punishable by a fine of up to 15 million won or imprisonment for up to 5 years.
As in your case, if you have reported the accident to the police and given an accurate statement about the situation, it appears that the investigative agency will identify the owner of the motorcycle and commence an investigation.
Therefore, you should obtain an accurate diagnosis of your injuries at a hospital and also confirm the damage to your vehicle.
Afterward, you can claim damages, including medical expenses and repair costs.
With the assistance of an attorney specializing in hit-and-run cases, we recommend that you organize evidence such as nearby CCTV footage and dashcam recordings, clearly demonstrate the circumstances of the accident, and proceed with a claim for damages for the personal and property harm you suffered as well as appropriate criminal punishment.
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