Calculators & Self-ChecksProsecution Request Estimator
Failing to take action after an accident (property damage): statutory penalty and likely requested sentence
The statutory penalty for Failing to take action after an accident (property damage) and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Up to 5 years in prison or a fine of up to KRW 15 million
- Legal basis
- Road Traffic Act, Articles 148 and 54(1)
- Category
- Traffic · Road Traffic Act
Calculate with your own circumstances
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.
Formal trial (prison sentence requested)
- Likely requested sentence
- 10 months or more in prison
Summary fine
- Likely fine
- KRW 1 million or more
If drunk driving is suspected, the fine becomes heavier.
Summary fine
- Likely fine
- KRW 1 million or more
Notes
- If someone was injured and you fled, see the 'Hit-and-run (fleeing after causing injury)' item.
- If it is clear that only a parked or stopped car was damaged, not leaving your contact details is not this crime but is subject to other sanctions such as an administrative fine.
Frequently asked questions
- Failing to take action after an accident (property damage): what is the statutory penalty?
- Legal basis: Road Traffic Act, Articles 148 and 54(1). Statutory penalty: Up to 5 years in prison or a fine of up to KRW 15 million.
- Failing to take action after an accident (property damage): how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: 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
- Drunk driving (DUI)
- Refusing a breathalyzer test
- Driving without a license
- Riding a motorized bicycle without a license
- Drunk driving accident (injury or death)
- Hit-and-run (fleeing after causing injury)
- Hit-and-run causing death
- Traffic accident causing injury (Act on Special Cases Concerning the Settlement of Traffic Accidents)
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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