Calculators & Self-ChecksProsecution Request Estimator
Hit-and-run (fleeing after causing injury): statutory penalty and likely requested sentence
The statutory penalty for Hit-and-run (fleeing after causing injury) and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- 1 year or more in prison for a fixed term or a fine of KRW 5 million to 30 million (life imprisonment or 5 years or more in prison if the victim dies and the driver flees)
- Legal basis
- Act on the Aggravated Punishment of Specific Crimes, Article 5-3(1)(2)
- Category
- Traffic · Act on the Aggravated Punishment of Specific Crimes
Calculate with your own circumstances
If there are several victims, add half of the next person's weeks to the weeks of the most seriously injured person.
What the handling steps mean
- Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
- Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service
Handling standards at a glance
Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.
Detention considered
- Likely requested sentence
- 1 year to 2 years 6 months in prison
If the diagnosis is 4 weeks or more with no settlement, or 8 weeks or more regardless of settlement, detention is considered.
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 year to 2 years 6 months in prison
A formal trial is the rule, and with neither a settlement nor insurance, it is a formal trial regardless of how serious the injury is.
Summary fine
- Likely fine
- From KRW 5 million (higher depending on the circumstances)
An exceptional case where a summary fine is possible. KRW 1 million to 2 million is added for each week beyond 3 weeks.
Notes
- Depending on the ability to pay and the degree of fault, it may be reduced by up to half.
- Detention requires a legal ground such as a risk of fleeing or destroying evidence, so many cases proceed without detention even when they meet this standard.
Frequently asked questions
- Hit-and-run (fleeing after causing injury): what is the statutory penalty?
- Legal basis: Act on the Aggravated Punishment of Specific Crimes, Article 5-3(1)(2). Statutory penalty: 1 year or more in prison for a fixed term or a fine of KRW 5 million to 30 million (life imprisonment or 5 years or more in prison if the victim dies and the driver flees).
- Hit-and-run (fleeing after causing injury): how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Summary fine. Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.
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