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Q

Do school zone traffic accidents and child protection zone traffic accidents unconditionally go to criminal trial?

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While driving through a child protection zone, I was unable to avoid a child who suddenly darted out and collided with them, causing an accident. After contacting the parents of the child injured in the school zone traffic accident and checking on the child's condition, I was told the diagnosis was about five weeks of recovery. If a child protection zone traffic accident occurs, will one be unconditionally punished even after reaching a settlement? What is the punishment for an accident in a school zone?

child protection zone traffic accident

school zone traffic accident

A

Answer to Related Inquiry

First, a child protection zone traffic accident may be subject to special legal handling, and where a young child is the victim, there is a possibility of punishment regardless of the circumstances of the accident.

This is because a school zone traffic accident falls under one of the 12 major negligence categories, and because punishment is strengthened under the Act on Special Cases concerning the Settlement of Traffic Accidents.

In this case, there is a high likelihood of being subject to imprisonment without labor for up to five years or a fine of up to 20 million won.


A diagnosis of five weeks of recovery for the injured child may be regarded as serious bodily injury beyond the level of a mere minor injury.

The level of punishment is determined by comprehensively considering the circumstances of the accident, the degree of the victim's injury, the driver's proportion of fault and whether it is a first offense, and whether a settlement with the victim has been reached.


Therefore, it is necessary to attempt an appropriate settlement, including medical expenses and consolation money, through sincere dialogue with the injured child's parents.

In that you have contacted the child's parents and taken the child to the hospital for treatment, you are judged to have responded in good faith, which may earn a positive perception from the respective investigative agencies or the court.

​

For an ordinary person who is not a legal professional, the very process of handling and responding to a school zone traffic accident may feel difficult, so it is advisable to receive the assistance of a criminal attorney at our firm with extensive case-handling experience.

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