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Traffic accident causing death (Act on Special Cases Concerning the Settlement of Traffic Accidents): statutory penalty and likely requested sentence

The statutory penalty for Traffic accident causing death (Act on Special Cases Concerning the Settlement of Traffic Accidents) and the likely handling of the case depending on your circumstances. The results are for reference only.

Statutory penalty
Up to 5 years of imprisonment without labor or a fine of up to KRW 20 million
Legal basis
Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(1)
Category
Traffic · Act on Special Cases Concerning the Settlement of Traffic Accidents

Calculate with your own circumstances

Does it fall under the 12 types of serious negligence, such as running a red light, crossing the center line, speeding or a crosswalk?

For drunk driving accidents, see the 'Drunk driving accident' item.

people
Was the person who died largely at fault?
Did you settle with the bereaved family, or do you have comprehensive insurance?
Answer all 4 questions and the estimate appears right away. (0/4)

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. Detention considered

    Likely requested sentence
    1 year to 4 years 6 months in prison

    If 2 or more people died due to one of the 12 types of serious negligence, the request is raised two steps above the usual range.

  2. Detention considered

    Likely requested sentence
    1 to 3 years in prison

    For accidents involving one of the 12 types of serious negligence or 2 or more deaths, detention is actively considered regardless of a settlement or deposit, and a suspended sentence tends not to be requested.

  3. Formal trial (prison sentence requested)

    Likely requested sentence
    8 months to 1 year 6 months in prison

  4. Summary fine

    Likely fine
    KRW 5 million or more

    This is the standard when one person died, that person was largely at fault, and there is a settlement or comprehensive insurance. A formal trial may still be sought.

Notes

  • 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

Traffic accident causing death (Act on Special Cases Concerning the Settlement of Traffic Accidents): what is the statutory penalty?
Legal basis: Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(1). Statutory penalty: Up to 5 years of imprisonment without labor or a fine of up to KRW 20 million.
Traffic accident causing death (Act on Special Cases Concerning the Settlement of Traffic Accidents): 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

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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