Traffic Accident Law Firm | Traffic Accident While Under the Influence of Medication, Avoiding an Actual Custodial Sentence and Receiving a ‘Suspension of Indictment’

An accident that occurs while under the influence of alcohol or medication is judged by a different standard than an ordinary traffic accident.

Taking the wheel in a state in which one’s mental capacity is not intact may be construed as intentional or as constituting gross negligence under not only the Road Traffic Act but also the Criminal Act, and in such a case the Act on Special Cases concerning the Settlement of Traffic Accidents does not apply, so the possibility of an actual custodial sentence may increase.

In particular, an accident occurring while under the influence of prescription medication such as zolpidem, antidepressants, or sleeping pills is sometimes assessed as an accident ‘equivalent to drunk driving,’ and the investigative authorities determine the propriety of the driving on the basis of the dosage of medication, the time of intake, and the conduct immediately preceding the accident.

The criminal law attorney emphasized that the use of zolpidem was on account of depressive symptoms and that the driving was not intentional, and supported this by submitting treatment history and counseling records.

The criminal law attorney highlighted that the client had been suffering deep feelings of guilt since the accident, and that he had personally apologized to the victims and completed a settlement.

In fact, the attorney attached and submitted a settlement agreement amicably reached with all of the victims, a letter of apology, and receipts for the payment of medical expenses, and also secured a statement of no desire for punishment, thereby increasing the likelihood of a suspension of indictment.

The criminal law attorney persuaded the investigative authorities that this case was not a simple drunk-driving or drugged-driving case but an accident that originated from a psychological crisis.

By clearly analyzing the causal relationship between the suicide attempt and the traffic accident, the attorney responded in a direction that mitigated the client’s criminal liability for the act of driving.

When an unexpected traffic accident occurs, it is advisable to respond in the following order:

In particular, as of January 2026, the punishment for drugged driving has been strengthened to imprisonment for up to five years or a fine of up to 20 million won, and refusal of a request for drug testing is punished in the same manner.

Because an accident thought to be a matter of negligence can expand into a serious criminal case, the early response is more important than anything else.

Because a mistake in the early response can cause even a negligent accident to lead to criminal punishment or license revocation, it is important to receive the assistance of a traffic accident law firm at an early stage.

If you need assistance, please seek a consultation through the 🔗Legal Consultation Reservation.