Korean Criminal Law of Car Accident Case
Expert Car Accident Lawyers / Attorneys in korea and Specialized Case Experiences & Strategies
“Best Car Accident Lawyers / Attorneys in Korea”
The number of traffic accidents that occurred in Korea in 2023 is said to be 198,296, and the number of people injured in traffic accidents is 283,799.
The National Police Agency of the Republic of Korea announced that the total number of traffic accident deaths in 2023 was calculated to be 2,551.
As such, traffic accident crimes are a social issue in Korea. In Korea, those who cause traffic accidents are subject to criminal punishment under certain conditions.
In particular, a special law called “ACT ON SPECIAL CASES CONCERNING THE SETTLEMENT OF TRAFFIC ACCIDENTS” has been enacted to impose criminal punishment on drivers who cause traffic accidents or those who cause them.
In the case of foreigners, visa issues arise if they are subject to criminal punishment. And there are cases where the Ministry of Justice issues an order to leave the country. Therefore, if a foreigner becomes a party to a traffic accident case, it is necessary to receive advice from a traffic accident lawyer / attorney.
According to ACT ON SPECIAL CASES CONCERNING THE SETTLEMENT OF TRAFFIC ACCIDENTS, a driver who has subscribed to comprehensive automobile insurance may be exempt from criminal punishment even if he or she causes a traffic accident.
However, criminal punishment is mandatory in the following cases:
These 12 types are called the so-called “12 major negligent traffic accidents” types. In these 12 types of traffic accidents, drivers may be subject to criminal punishment.
What are the 12 types of grossly negligent traffic accidents that result in criminal punishment?
1. Signal violation, center line violation
2. Crosswalk accident due to violation of pedestrian protection obligations
3. Accidents caused by illegal U-turns or reversing
4. Speeding over the speed limit of 20km
5. Violation of overtaking, etc
6. Driving without a license
7. Drunk driving / DUI Case
8. Violation of passing railroad tracks and crossings
9. Sidewalk invasion
10. Violation of passenger fall prevention obligations
11. Violation of duty of care in child protection areas
12. Violation of cargo fall prevention obligations
Role and strategies of Merits Law Office lawyers/attorneys in traffic accident cases
1. Quickly conduct a meeting with the foreign client in English regarding the incident.
2. Check how injured the other person was, whether they died, or have injuries requiring several weeks of treatment, and also analyze hospital medical records and documents.
3. Contact the insurance company our client has signed up with and confirm the insurance contract and the insurance policy.
4. Prepare for the traffic accident police investigation and prosecution investigation together and attend the investigation interview together.
5. If clients are indicted, prepare thoroughly for the criminal trial and present the court trial for the defense.
6. If clients are sentenced to pay a fine, payment of the fine will also be processed.
7. Actively pursue agreements and settlements with victims (traffic accident injury victims, families of deceased victims)
ACT ON SPECIAL CASES CONCERNING THE SETTLEMENT OF TRAFFIC ACCIDENTS
Article 3 (Special Provisions for Punishment)
① If the driver of a car commits a crime under Article 268 of the Criminal Act due to a traffic accident, he or she shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 20 million won.
② A public prosecution may not be filed against a driver who has committed the crime of causing bodily harm due to professional negligence or the crime of causing serious injury due to gross negligence among the crimes of paragraph 1 and the crime of Article 151 of the Road Traffic Act while driving a vehicle against the express will of the victim.
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