When you may need advice
- After a minor collision, the other person said they were fine so I left, but I was reported for hit-and-run
- I did not realize I scratched a car in a parking lot, but the police contacted me
- I only handed over my business card and left first because of something urgent
- I did not know there was an accident, but I am told my dashcam recorded the sound of an impact
- I had been drinking, so I panicked and left the scene
Relevant laws
Act on the Aggravated Punishment of Specific Crimes (특정범죄 가중처벌 등에 관한 법률) Article 5-3
A driver who injures a person in a traffic accident and flees without helping them or taking other required measures is punishable by at least 1 year in prison or a fine of KRW 5 million to KRW 30 million. If the victim dies and the driver flees, or the victim dies after the driver flees, the penalty is life imprisonment or at least 5 years in prison. Moving the victim away from the scene, abandoning them and fleeing is punished more heavily.
Road Traffic Act (도로교통법) Articles 54(1) and 148
A driver who causes a traffic accident must stop immediately, help anyone injured, take other required measures, and give the victim personal details such as name, phone number and address. Failing to do so is punishable by up to 5 years in prison or a fine of up to KRW 15 million.
Road Traffic Act Article 156, Item 10
In an accident that clearly only damaged a parked or stopped vehicle, failing to give your personal details to the victim is punishable by a fine of up to KRW 200,000, short-term detention or a petty fine.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
Provisions that apply when you leave the scene after an accident
Someone was injured and you left without helping
- Legal basis
- Aggravated Punishment Act Article 5-3(1), Item 2
- Statutory penalty
- At least 1 year in prison or a fine of KRW 5 million to KRW 30 million
Fleeing after a death, or death after fleeing
- Legal basis
- Same paragraph, Item 1
- Statutory penalty
- Life imprisonment or at least 5 years in prison
Moving and abandoning the victim and fleeing (injury)
- Legal basis
- Same Article, paragraph 2, Item 2
- Statutory penalty
- At least 3 years in prison
Only property was damaged and you did not take the required measures
- Legal basis
- Road Traffic Act Article 148
- Statutory penalty
- Up to 5 years in prison or a fine of up to KRW 15 million
| Situation | Legal basis | Statutory penalty |
|---|---|---|
| Someone was injured and you left without helping | Aggravated Punishment Act Article 5-3(1), Item 2 | At least 1 year in prison or a fine of KRW 5 million to KRW 30 million |
| Fleeing after a death, or death after fleeing | Same paragraph, Item 1 | Life imprisonment or at least 5 years in prison |
| Moving and abandoning the victim and fleeing (injury) | Same Article, paragraph 2, Item 2 | At least 3 years in prison |
| Only property was damaged and you did not take the required measures | Road Traffic Act Article 148 | Up to 5 years in prison or a fine of up to KRW 15 million |
| Only a parked or stopped vehicle was damaged and you did not give your details | Road Traffic Act Article 156, Item 10 | A fine of up to KRW 200,000, short-term detention or a petty fine |
Based on current law on the Korea Law Information Center (the government's official law database) as of October 2026. The duty to take measures after an accident also applies to accidents in places other than roads (Road Traffic Act Article 2, Item 26).
Whether you fled depends on what you did before leaving
The Supreme Court has held that if you knew the victim was injured and left the scene without helping, it counts as fleeing even if you handed over materials identifying yourself (Supreme Court Decision 2004도250, March 12, 2004). The same decision said you do not always have to give help yourself, so whether you confirmed that someone else was helping before you left is also an important factor.
You should write down, in time order, how badly the victim was hurt, whether you were told they were fine, whether you contacted the police or your insurer, why you left, and how you were contacted afterward.
A claim that you did not notice the accident is checked against objective evidence
If you did not know about the accident, you did not intend to flee or fail to take measures. However, investigators decide whether you were aware based on the force of the impact, the sound, the damage to the vehicles, dashcam footage, and what you did afterward, such as washing or repairing your car.
So it is a good idea to secure photos of the damaged parts of your car and the original dashcam footage right away. If you give a statement that differs from what the footage shows, your credibility drops sharply.
Insurance and your license must be considered separately
If you fled, the special exception under the Act on Special Cases Concerning the Settlement of Traffic Accidents (교통사고처리 특례법) does not apply even if you have comprehensive insurance. Criminal proceedings continue separately from compensation through insurance, and a criminal settlement (형사합의) with the victim has a large effect on the outcome.
If your license is revoked because you injured someone and did not take the required measures or report the accident, you cannot get a new license for 4 years from the date of revocation, or 5 years if this is combined with drunk driving or similar offenses (Road Traffic Act Article 82(2)).
Factors that affect the outcome and sentence
Factors that work against you
- · Leaving even after seeing that the victim was badly hurt or had collapsed
- · Leaving to hide drunk driving or driving without a license
- · Changing or repairing the car to remove traces
- · Delaying your appearance after being contacted
Factors that work in your favor
- · The impact was so slight that you may not have noticed the accident
- · You left your contact details after the victim said they were fine
- · You reported it to the police or your insurer yourself
- · A settlement with the victim and compensation for the harm
How our Criminal Law Center handles your case
- 1
Reconstruct what happened
We lay out, minute by minute, everything from the time of the accident to when you left the scene and how you were contacted afterward.
- 2
Secure footage and vehicle evidence
We secure the original dashcam footage and photos of the vehicle damage, and check whether nearby CCTV footage is still kept.
- 3
Prepare for and attend questioning
We rehearse with the questions the traffic investigation unit asks and attend the questioning with you.
- 4
Submit a legal opinion
We submit a written opinion arguing whether you were aware of the accident and whether you took the required measures.
- 5
Compensation for the harm
Separately from the insurance claim, we look at a criminal settlement or a criminal deposit (형사공탁) with the court.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
View profile →
Bonwoo Koo Managing Partner
Economic criminal cases such as Capital Markets Act violations, investment fraud, embezzlement and breach of trust
View profile →
Frequently asked questions
Is it a hit-and-run if I left because the victim said they were fine?
If the victim was truly not injured and clearly said they were fine, that makes it hard to see your leaving as fleeing. However, if a medical certificate comes out later, the victim's condition at the time and what was said will be examined again, so write down in detail the circumstances in which you were told this.
Will it help if I contact the police first, even now?
If you report it yourself before the police contact you, it may be treated as voluntary surrender. Even after you have been contacted, appearing quickly and working to compensate the victim count in your favor for the outcome and sentence.
Insurance has covered everything. Can I still be criminally punished?
An insurance payout is civil compensation, and criminal liability is decided separately. In particular, if you injured someone and left, you can be indicted regardless of your insurance.