The 12 Categories of Gross Negligence

Even for a vehicle covered by comprehensive insurance, where the driver causes a traffic accident through a violation of the law falling within the 12 categories of gross negligence, the special case exempting criminal punishment does not apply.

Accordingly, it should be noted that criminal punishment is possible regardless of whether there is a settlement with the victim.

In the case of the 12 categories of gross negligence, criminal punishment is imposed under Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

An accident involving one of the 12 categories of gross negligence also meets the criteria for an administrative disposition of a license under the Road Traffic Act, so a suspension or revocation of the driver's license may be imposed.

When a driver's license is revoked, a disqualification period is imposed during which the license cannot be reacquired, and the length of that period depends on the underlying ground.

Only after this disqualification period has elapsed can the reacquisition procedures, such as applying for the license examination, proceed.

In addition, after the disqualification period has passed, the driver must complete the mandatory special traffic safety education before the driver's license can be acquired.

▶ Disqualification Period

Civil liability for damages arises with respect to the physical and property loss sustained by the victim, and such loss is generally handled through comprehensive insurance.

In the case of an accident involving one of the 12 categories of gross negligence, however, the driver may bear a portion of the burden personally, for example when the insurer makes a reimbursement claim against the driver for the amount it paid to the victim.

Immediately after the accident, the driver should report the matter to the police at once and preserve evidence by capturing photographs or video of the scene, including dashcam footage, the condition of the vehicle damage, and the location of the victim.

If the victim is injured, rescue measures and a 119 emergency report must be carried out without omission, and these measures may also affect the level of criminal punishment imposed later.

In the case of an accident involving one of the 12 categories of gross negligence, it is difficult to avoid punishment without a criminal settlement, even if the driver is covered by comprehensive insurance.

For this reason, it is advisable to make active efforts toward a settlement through smooth communication with the victim's side, and it is prudent to obtain professional advice on the legal effect and formal requirements of the settlement agreement prepared at that time.

At the investigation stage before the police or the prosecution, the driver should clearly state the circumstances of the driving conduct, the situation at the time, and whether the duty of care was fulfilled, and it can be helpful to prepare and submit a written statement or opinion if necessary.

Because an unfavorable statement can inadvertently aggravate criminal liability, obtaining the assistance of counsel from the early stage of the investigation is recommended.

In preparation for the possibility that the matter proceeds to trial, it is advisable to organize sentencing materials, including the circumstances at the time of the accident, efforts to remedy the harm, the driver's living circumstances, whether the driver is a first-time offender, and a letter of reflection.

In particular, a settlement with the victim, community service, and financial hardship resulting from license suspension are key factors that may be reflected in a decision on reduction of sentence or a suspended sentence.

When an accident falls within one of the 12 categories of gross negligence, the situation changes considerably.

From this point, the possibility of criminal booking becomes a reality, and a criminal settlement with the victim, responses to police and prosecution questioning, and the preparation of materials for a future trial are required.

This firm's 🔗traffic accident attorneys, who have handled numerous cases in the field of traffic accidents, provide assistance with defense strategies tailored to the client's situation based on accumulated case data.

Through preliminary review reflecting the investigative procedures of the authorities and comparison with similar precedents, they construct the assessment of the proportion of fault and the response strategy with precision.

In addition, by managing the case as a whole in an integrated manner, from the settlement with the victim to relief from administrative dispositions, they make their best efforts to reduce the client's criminal liability and economic loss.