If the police have contacted you,
here is what to organize before you appear

1. If you get a call asking you to appear

Suspect interviews in traffic accident cases usually take place at the traffic investigation unit of a police station. If you get a call asking you to appear, you do not have to fix a date on the spot; it is fine to say you will let them know after consulting a defense attorney. Repeatedly postponing is unfavorable, but if you go without any preparation, you can easily end up stating things definitively even where your memory is hazy.

2. Materials to gather first

• Dashcam · Back up at least several minutes before and after the accident in their original form. Once the memory card overwrites them, recovery is difficult.
• Nearby CCTV · CCTV at shops, parking lots and crime prevention cameras is kept only for a short time. If it is hard to obtain yourself, ask for it to be preserved through the police or a defense attorney.
• Signal operation data · If running a signal is at issue, obtain the signal cycle data for that intersection.
• Scene photos · Photograph the damaged parts of the vehicles, where they stopped, skid marks, and the road layout.
• In DUI cases · Card payment records from the drinking venue, designated-driver call records, and location history can prove your movements hour by hour.

3. Points to observe when giving a statement

• Say that you do not remember where you have no memory. Guessing at speed or distance can become evidence against you later.
• Rather than a blanket admission such as "It was my fault," explain what happened concretely and in chronological order.
• If fleeing or failure to take measures is at issue, you must explain consistently, in your own words, whether you knew of the accident and why you left the scene.
• State the amount of alcohol you drank only as far as you remember it exactly. That figure goes directly into the Widmark formula calculation.

4. Reading and signing the record

A suspect may request that a defense attorney take part in the interview. When the interview ends, read the record from beginning to end and ask for corrections wherever it records something different from what you meant. A signed record is used as evidence at trial as it stands.

5. After the interview

Once the police investigation ends, the case is either referred to the prosecutor or closed with non-referral (the police decide not to send the case to a prosecutor). Under the Act on Special Cases Concerning the Settlement of Traffic Accidents (the “Traffic Accident Settlement Act”, 교통사고처리법), cases that cannot be charged because of insurance or settlement may end in non-referral (no right of prosecution). After referral, we submit a written opinion and settlement agreement to the prosecutor again, aiming for a suspension of indictment (the prosecutor decides not to charge) or a summary indictment (a fine-only charge decided on documents).

Frequently Asked Questions

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Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026