If an unlicensed traffic accident occurs, does one go straight to prison?

An unlicensed traffic accident is an offense that constitutes a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

In particular, an unlicensed traffic accident falls under the 12 categories of gross negligence in traffic accidents, so even if you reach a settlement with the injured party, you will still be subject to criminal punishment.

Because driving without a license is regarded as one of the 10 categories of gross negligence, you cannot have criminal settlement money and the like guaranteed through insurance processing.

As in your case, if you cause a traffic accident while your license is already suspended due to a prior drunk-driving offense, it is regarded as reoffending, and the court has no choice but to apply an even stricter standard.

However, if, with the assistance of a traffic accident attorney, you sufficiently demonstrate that you had no choice but to drive due to your unavoidable circumstances, the specific circumstances and situation at the time of the accident, a sincerely remorseful attitude, and a plan to prevent recurrence, these can serve as grounds for mitigating circumstances.

For a swift resolution, it is important first to reach a settlement with the injured party as quickly as possible and to work through the case in that process with a criminal attorney or a traffic accident attorney.

For clients who have caused an unlicensed-driving traffic accident, our firm clearly analyzes the circumstances of the accident and the related evidence and provides all-around assistance so that the client is not placed in a disadvantageous position during the legal proceedings.

In fact, our firm has handled many cases involving suspended sentences and fines for driving under the influence without a license.