When you may need advice
- I entered an intersection on a yellow light, had an accident, and am told I ran the signal
- I hit a pedestrian on a crosswalk
- I hit a child in a children's protection zone, but I was within the speed limit
- The victim says they need long-term treatment and is asking for a criminal settlement
- My insurer handled the accident, but the police say I must be questioned as a suspect
Relevant laws
Act on Special Cases Concerning the Settlement of Traffic Accidents (교통사고처리 특례법) Article 3
A driver who kills or injures a person in a traffic accident is punishable by imprisonment without labor for up to 5 years or a fine of up to KRW 20 million. For injury accidents, prosecution is not allowed against the victim's express wishes, but this does not apply to the 12 exceptions below, to fleeing, or to refusing an alcohol test.
Act on Special Cases Concerning the Settlement of Traffic Accidents Article 4
If you have comprehensive insurance or similar coverage, prosecution is not allowed. The exceptions are the 12 exceptions, cases where the victim's life was put in danger or the victim was left disabled or with an incurable or hard-to-cure illness, and cases where the insurer no longer has to pay.
Act on the Aggravated Punishment of Specific Crimes (특정범죄 가중처벌 등에 관한 법률) Article 5-13
Injuring a child under 13 in a children's protection zone by breaching the duty to drive safely is punishable by 1 to 15 years in prison or a fine of KRW 5 million to KRW 30 million. Causing death is punishable by life imprisonment or at least 3 years in prison.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
The 12 exceptions under the Act on Special Cases Concerning the Settlement of Traffic Accidents
1
- Description
- Violating a traffic signal or a police officer's signal, or disobeying a no-entry or stop sign
2
- Description
- Crossing the center line, or crossing, making a U-turn or reversing on an expressway or similar road
3
- Description
- Exceeding the speed limit by more than 20 km/h
4
- Description
- Violating rules on how, when or where overtaking is allowed, or illegally cutting in
| No. | Description |
|---|---|
| 1 | Violating a traffic signal or a police officer's signal, or disobeying a no-entry or stop sign |
| 2 | Crossing the center line, or crossing, making a U-turn or reversing on an expressway or similar road |
| 3 | Exceeding the speed limit by more than 20 km/h |
| 4 | Violating rules on how, when or where overtaking is allowed, or illegally cutting in |
| 5 | Violating rules on crossing a railroad crossing |
| 6 | Breaching the duty to protect pedestrians on a crosswalk |
| 7 | Driving without a license (including while suspended) |
| 8 | Drunk driving or drugged driving |
| 9 | Driving onto a sidewalk, or violating rules on crossing a sidewalk |
| 10 | Breaching the duty to prevent passengers from falling out |
| 11 | Injuring a child by breaching the duty to drive safely in a children's protection zone |
| 12 | Failing to secure cargo so it does not fall |
Act on Special Cases Concerning the Settlement of Traffic Accidents Article 3(2), proviso, each item. Based on current law on the Korea Law Information Center (the government's official law database) as of October 2026.
The first issue is whether the accident falls under the 12 exceptions
If the accident does not fall under the 12 exceptions and you have comprehensive insurance, the case should, as a rule, end with no right to prosecute (공소권 없음) even if the victim was injured. So facts such as when the signal changed, how far you were from the stop line and whether the pedestrian was on the crosswalk decide the outcome.
By matching the dashcam timestamps with the intersection's signal cycle and nearby CCTV, it is sometimes possible to dispute whether you ran the signal. Before accepting the violation the police first identified, check the footage frame by frame.
School zone accidents can be a problem even if you kept to the speed limit
In a children's protection zone, besides following measures such as the 30 km/h speed limit, you have a duty to drive with care for children's safety (Road Traffic Act Article 12(3)). Even if you kept to the speed limit, you can be punished if you are found not to have watched the road ahead or slowed down enough.
On the other hand, if a child suddenly ran out from between parked cars and you could not avoid them, your negligence can be disputed. We also check whether the accident site was actually inside the protection zone and whether the child was under 13.
A criminal settlement or deposit often decides the outcome
Even for accidents under the exceptions, a settlement with the victim (형사합의) has a large effect on whether you are indicted and on your sentence. First check whether your driver's insurance covers criminal settlement costs, and make sure the settlement agreement includes a statement that the victim does not want you punished.
If the victim demands an excessive amount or cannot be reached, we consider a criminal deposit (형사공탁) with the court. If the victim is seriously injured, the insurance exception does not apply even if the accident is not one of the 12 exceptions.
Factors that affect the outcome and sentence
Factors that work against you
- · Serious harm, or the victim is a child or an elderly person
- · Several violations at once (such as speeding and running a red light)
- · Delay in helping the victim after the accident
- · A traffic-related prior record
Factors that work in your favor
- · The victim was partly at fault, for example by acting unexpectedly
- · A settlement with the victim or a criminal deposit
- · You helped the victim and reported the accident immediately
- · A long driving history and no prior record
How our Criminal Law Center handles your case
- 1
Review the violation
Using dashcam footage, the signal cycle and photos of the scene, we first check whether the accident really falls under the 12 exceptions.
- 2
Prepare for and attend questioning
We rehearse with the questions the traffic investigation unit asks and attend the questioning with you.
- 3
Submit a legal opinion
We set out in a written opinion that the violation is different or that you were not negligent, or the mitigating circumstances.
- 4
Settlement and deposit
We check what your driver's insurance covers and look at a criminal settlement or a criminal deposit.
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
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Bonwoo Koo Managing Partner
Economic criminal cases such as Capital Markets Act violations, investment fraud, embezzlement and breach of trust
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Frequently asked questions
I have comprehensive insurance. Why am I facing criminal punishment?
The insurance exception only applies to accidents that do not fall under the 12 exceptions. If the accident falls under an exception, such as running a red light or hitting someone on a crosswalk, prosecution is allowed regardless of insurance.
A child suddenly ran out in front of me in a school zone.
If you kept to the speed limit and it was a sudden situation you could not avoid, you can dispute that you breached the duty to drive safely. It is important to use dashcam footage to check when the child became visible and when you braked.
The victim's injury is minor. Will I definitely be indicted because it was a school zone?
A children's protection zone accident is not excluded from punishment even if the injury is minor. However, the extent of the harm, any settlement and the degree of fault are reflected in whether you are indicted and in your sentence.