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Traffic accident causing injury (Act on Special Cases Concerning the Settlement of Traffic Accidents): statutory penalty and likely requested sentence
The statutory penalty for Traffic accident causing injury (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, Articles 3(1) and (2) and 4
- Category
- Traffic · Act on Special Cases Concerning the Settlement of Traffic Accidents
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
- 4 months to 1 year of imprisonment without labor
Even without a settlement, depositing a considerable amount with the court is treated similarly to a settlement.
Formal trial (prison sentence requested)
- Likely requested sentence
- 4 months to 1 year of imprisonment without labor
Even if it goes to a formal trial, a fine may be requested.
Summary fine
The standard is KRW 500,000 per week of diagnosis (KRW 500,000 to 700,000 if 4 weeks or more).
Summary fine
The standard is KRW 300,000 per week of diagnosis (KRW 300,000 to 500,000 if 4 weeks or more).
Summary fine
The standard is KRW 500,000 per week of diagnosis. With only liability insurance, it is about KRW 300,000 per week.
Suspension of indictment possible
If it is not one of the 12 types of serious negligence and you have comprehensive insurance or the victim does not want punishment, as a rule it is not punished (no right to prosecute). This may differ if the victim suffered a serious injury.
Notes
- It may be reduced in light of how and why the accident happened, the deposit and the degree of fault.
Frequently asked questions
- Traffic accident causing injury (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, Articles 3(1) and (2) and 4. Statutory penalty: Up to 5 years of imprisonment without labor or a fine of up to KRW 20 million.
- Traffic accident causing injury (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, Suspension of indictment possible. Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
- Drunk driving accident (injury or death)
- Traffic accident causing death (Act on Special Cases Concerning the Settlement of Traffic Accidents)
- Drunk driving (DUI)
- Refusing a breathalyzer test
- Driving without a license
- Riding a motorized bicycle without a license
- Hit-and-run (fleeing after causing injury)
- Hit-and-run causing death
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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