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Traffic accident in a children's protection zone (Minsik's Law): statutory penalty and likely requested sentence

The statutory penalty for Traffic accident in a children's protection zone (Minsik's Law) and the likely handling of the case depending on your circumstances. The results are for reference only.

Statutory penalty
Injury to a child: 1 to 15 years in prison or a fine of KRW 5 million to 30 million / death of a child: life imprisonment or 3 years or more in prison
Legal basis
Act on the Aggravated Punishment of Specific Crimes, Article 5-13
Category
Traffic · Aggravated Punishment Act

Calculate with your own circumstances

Harm to the child
Circumstances

Settlement or the victim not wanting punishment, compensation for the harm, sincere remorse and a first offense are mitigating; planning, serious harm and prior convictions of the same type are aggravating.

Answer all 2 questions and the estimate appears right away. (0/2)

What the handling steps mean

  1. 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
  2. Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
  3. Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
  4. 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
  5. 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.

  1. Formal trial (prison sentence requested)

    Likely requested sentence
    8 to 16 years in prison
  2. Formal trial (prison sentence requested)

    Likely requested sentence
    4 to 10 years in prison
  3. Formal trial (prison sentence requested)

    Likely requested sentence
    3 to 6 years in prison
  4. Formal trial (prison sentence requested)

    Likely requested sentence
    4 to 10 years in prison
  5. Formal trial (prison sentence requested)

    Likely requested sentence
    1 year 8 months to 5 years in prison
  6. Formal trial (prison sentence requested)

    Likely requested sentence
    1 to 3 years in prison, or a fine of KRW 3 million to 15 million

Notes

  • This is injuring or killing a child under 13 in a children's protection zone by not keeping the speed limit (such as 30 km/h) or not paying attention to children's safety.
  • It is punished even with comprehensive insurance or a settlement.
  • If the injury is minor or the victim does not want punishment, a fine may be chosen.

Frequently asked questions

Traffic accident in a children's protection zone (Minsik's Law): what is the statutory penalty?
Legal basis: Act on the Aggravated Punishment of Specific Crimes, Article 5-13. Statutory penalty: Injury to a child: 1 to 15 years in prison or a fine of KRW 5 million to 30 million / death of a child: life imprisonment or 3 years or more in prison.
Traffic accident in a children's protection zone (Minsik's Law): how is the case usually handled?
Depending on the circumstances, it may be handled as follows: Formal trial (prison sentence requested). Enter your circumstances in the calculator above to see which one applies.

Other crimes in the same category

See the full list of crimes

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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