Korea Traffic Accident Criminal Penalty Calculator

Check whether a Korean traffic accident is prosecution-barred or criminally prosecuted under the 12 major negligence rules, insurance and settlement exceptions, hit-and-run rules, fine ranges, and license points.

Accident inputs

Negligence type

Damage severity

Selected negligence item

12 major negligence clause
Not applicable
Major negligence
No
Violation demerit points
10

Criminal result

Prosecution barred

Traffic Accident Special Cases Act

Practical fine range

Not estimated as a fine-only case

Korean practice estimate from the shared lib

Imprisonment risk

None

No criminal trial

License points

15 points

No immediate suspension if below threshold

Administrative penalty

Accident points
5
Violation points
10
Total points
15
License action
No immediate suspension

Warnings

  • The current input is prosecution-barred, but later serious-injury findings or insurance exclusions can change the result.

This calculator reuses the Korean criminal and administrative penalty logic for the 12 major negligence items, insurance and settlement exceptions, hit-and-run handling, practical fine ranges, demerit points, suspension, and revocation thresholds. It is not a substitute for counsel in a police or prosecutor case.

Related calculators

What is the Korea traffic accident criminal penalty calculator?

This calculator checks whether a traffic accident in South Korea is likely to be criminally prosecuted or whether prosecution is barred because comprehensive insurance or victim settlement applies. Enter the negligence type, injury severity, insurance status, settlement status, and hit-and-run status to see the applicable law, practical fine range, imprisonment risk, license points, and license action.

Many drivers assume that comprehensive insurance prevents criminal punishment. Korean traffic law is more complicated. The Act on Special Cases Concerning the Settlement of Traffic Accidents excludes the prosecution bar for the 12 major negligence items, death, serious injury, and hit-and-run accidents. This calculator clarifies that boundary.

Korea-based calculator

This tool is based on Korean criminal traffic accident rules and administrative license-point practice. It is a planning estimate and does not replace advice from a Korean criminal defense lawyer or traffic accident specialist.

Who this is useful for

  • Drivers who caused an accident and need to know if criminal prosecution is likely
  • People involved in signal violation, centerline violation, school-zone, drunk-driving, or other major negligence accidents
  • Drivers with comprehensive insurance who still received a police investigation notice
  • People deciding whether settlement or criminal deposit is urgent
  • Parents or drivers concerned about school-zone child injury and the Min-sik Law
  • Victims who want to understand whether the at-fault driver may be prosecuted

Core rule: prosecution bar and exceptions

1. General rule - no prosecution with insurance or settlement

A normal negligent traffic accident causing injury can fall under occupational negligence injury under Article 268 of the Criminal Act. However, Articles 3(2) and 4 of the Act on Special Cases Concerning the Settlement of Traffic Accidents prevent prosecution when the driver has comprehensive insurance or the victim does not want punishment after settlement.

This is often called the traffic accident prosecution bar or special settlement rule.

2. Exceptions - prosecution despite insurance or settlement

The prosecution bar does not apply in the following cases:

  • One of the 12 major negligence items, such as signal violation or centerline violation
  • The victim dies
  • The victim suffers serious injury, such as life danger, disability, or incurable disease
  • The driver leaves the scene or refuses a breath test
  • No comprehensive insurance and no victim settlement

3. What settlement really does

In accidents involving the 12 major negligence items, death, or serious injury, settlement does not erase the criminal case itself. It remains one of the most important sentencing factors. A settled case may end in a fine or suspended sentence, while an unsettled severe case can move toward formal trial and imprisonment risk.

The 12 major negligence items

The proviso to Article 3(2) of the Traffic Accident Special Cases Act lists the 12 major negligence items. If any one applies and a person is injured, comprehensive insurance does not automatically prevent criminal prosecution.

  1. Signal or instruction violation - traffic lights, signs, or police officer signals
  2. Centerline violation - crossing the centerline, or crossing, U-turning, or reversing on an expressway
  3. Speeding over 20 km/h above the limit
  4. Illegal passing or cut-in - violation of passing method, timing, or place rules
  5. Railroad crossing violation
  6. Crosswalk pedestrian-protection violation
  7. Unlicensed driving
  8. Drunk or drugged driving
  9. Sidewalk intrusion - entering or crossing the sidewalk improperly
  10. Passenger fall prevention violation - driving away with doors open or similar conduct
  11. School-zone child injury - violation of safe driving duties in a child protection zone, often called the Min-sik Law issue
  12. Failure to prevent falling cargo

How to use the calculator

Step 1: Select the negligence type

Choose general negligence or one of the 12 major negligence items. The calculator uses the same clause and demerit-point logic as the Korean page.

Step 2: Select damage severity

Choose property damage only, ordinary injury, serious injury, or death. If there is personal injury, enter the number of victims for license-point calculation.

Step 3: Set insurance, settlement, and hit-and-run status

Comprehensive insurance, victim settlement, and leaving the scene are key variables for prosecution, sentencing, and license action.

Step 4: Review prosecution, fine, and license results

The result shows whether criminal prosecution is barred or likely, which law applies, practical fine range, imprisonment risk, trial type, demerit points, and license suspension or revocation risk.

Penalty scenarios by accident type

General negligence + minor injury + comprehensive insurance

If the accident is simple negligence, the victim has a minor injury, and the at-fault driver has comprehensive insurance, prosecution is barred under Article 4 of the Traffic Accident Special Cases Act. License points and insurance premium surcharge may still occur separately.

Signal violation + minor injury

Signal violation is major negligence no. 1. Even with comprehensive insurance, prosecution can be brought for occupational negligence injury. In practice, many minor-injury cases are handled by summary indictment and a fine of about KRW 3 million to KRW 7 million. Victim settlement can support non-indictment, reduced fine, or more lenient sentencing depending on the case.

School-zone child injury

If a child is injured in a child protection zone, Article 5-13 of the Act on Aggravated Punishment of Specific Crimes can apply. Injury carries imprisonment for 1 to 15 years or a fine of KRW 5 million to KRW 30 million. Death carries life imprisonment or imprisonment for at least 3 years.

Hit and run

If a driver injures a person and leaves without rescue or reporting, Article 5-3 of the Act on Aggravated Punishment of Specific Crimes can apply. Hit-and-run injury carries imprisonment for at least 1 year or a fine of KRW 5 million to KRW 30 million. Hit-and-run fatality carries life imprisonment or imprisonment for at least 5 years.

FAQ

Q. Does comprehensive insurance always prevent criminal punishment?

No. The 12 major negligence items, fatal accidents, serious injury, and hit-and-run accidents are prosecuted even if comprehensive insurance exists. The insurance prosecution bar applies mainly to ordinary-negligence injury accidents.

Q. Does victim settlement eliminate punishment?

In ordinary-negligence injury accidents, settlement can bar prosecution. In 12-major-negligence, death, or serious-injury cases, settlement does not eliminate prosecution, but it is a major sentencing mitigation factor.

Q. How is serious injury determined?

Serious injury generally means life danger, disability, or an incurable or hard-to-cure condition. Weeks of treatment alone are not conclusive. A fracture can become serious injury if permanent disability remains.

Q. Is property damage only a criminal case?

If there is no personal injury, ordinary property damage is handled through insurance and civil liability. However, leaving the scene after property damage can be punished as failure to take required measures under the Road Traffic Act.

Q. Does a 12-major-negligence accident always mean imprisonment?

No. Minor-injury cases with settlement often end in a fine through summary indictment. Formal trial and imprisonment risk increase when serious injury, death, hit-and-run, drunk driving, or school-zone factors are involved.

Accident response tips

  • Do not leave the scene: even after a minor collision, rescue and report if anyone may be injured. Leaving can turn the case into a hit-and-run.
  • Settle early when possible: settlement may not block prosecution, but it is central to suspended sentence or fine reduction.
  • Use criminal deposit if needed: if the victim refuses settlement, criminal deposit can show compensation effort.
  • Secure dashcam and CCTV: signal violation, centerline violation, and crosswalk issues often depend on evidence.
  • Drunk-driving and school-zone cases need counsel: these can trigger aggravated statutes far heavier than ordinary traffic accident rules.

Check whether your accident is criminally prosecutable

Enter negligence type, damage severity, insurance, settlement, and hit-and-run status to see prosecution risk, fine range, and license points.

This calculator is for reference. For police questioning, indictment risk, or settlement strategy, consult a Korean lawyer.