Key Points
- If someone dies in a traffic accident, the penalty is up to 5 years of imprisonment without labor or a fine of up to KRW 20 million (Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (the “Traffic Accident Settlement Act”, 교통사고처리법), Article 268 of the Criminal Act).
- The exemption that blocks indictment when you are insured or the family does not want you punished exists only for injury accidents and does not apply to fatal accidents.
- If alcohol or drugs made normal driving difficult, the penalty is life imprisonment or at least 3 years in prison; if you fled, life imprisonment or at least 5 years in prison; and for a child protection zone accident, life imprisonment or at least 3 years in prison.
- Settlement with the bereaved family (a statement that they do not want you punished), the victim's own fault, and the driver's conduct after the accident decide between a suspended sentence (officially “suspension of execution of sentence”) and prison.
Which offenses apply
The provision applied in a fatal accident depends on the nature of the accident. We first summarize the provisions and then look at the penalties separately.
| Type | Provision |
|---|---|
| Death caused by ordinary negligence | Article 3(1) of the Traffic Accident Settlement Act |
| Unable to drive normally due to alcohol or drugs | Article 5-11 of the Act on the Aggravated Punishment of Specific Crimes (the “Specific Crimes Aggravated Punishment Act”, 특정범죄가중법) |
| Fleeing without giving aid | Article 5-3(1)1 of the Specific Crimes Aggravated Punishment Act |
| Death of a child in a child protection zone | Article 5-13(1) of the Specific Crimes Aggravated Punishment Act |
| Type | Penalty |
|---|---|
| Ordinary negligence | Up to 5 years of imprisonment without labor or a fine of up to KRW 20 million |
| Alcohol or drugs | Life imprisonment or at least 3 years in prison |
| Fleeing | Life imprisonment or at least 5 years in prison |
| Child protection zone | Life imprisonment or at least 3 years in prison |
What is contested in an ordinary fatal accident
- Whether there was negligence, and how much · In accidents where the victim's fault is large, such as jaywalking, walking at night in dark clothing, or walking on an expressway, we start by examining whether the driver could have foreseen and avoided the danger.
- Analysis of the cause · Matching vehicle footage, the Korea Road Traffic Authority's analysis, and event data recorder (EDR) data reveals the speed and the timing of braking.
- Causation with the death · Where the victim died while being treated after the accident, whether there is causation between the accident and the death can become an issue.
The settlement process with the bereaved family
In a fatal accident, the bereaved family's statement that they do not want you punished has the greatest effect on the sentence. But the family is in deep grief, and contacting them directly as the driver may hurt them further. When and how to offer condolences and an apology, how much criminal settlement money to pay separately from insurance and under what heading (including the issue of the insurer's right of reimbursement) should be planned with a defense attorney. If a settlement ultimately proves impossible, we consider a criminal deposit with the court.
What happens to the license
Each death adds 90 penalty points (where death occurs within 72 hours, Annex 28 of the Enforcement Rule). As a result, a single accident can lead to suspension, or to revocation when combined with other points. If someone dies due to drunk driving (officially “driving while intoxicated”), the license is revoked and you cannot obtain a new one for 5 years (Article 82(2)3(b) of the Road Traffic Act).
Frequently Asked Questions
I hit and killed someone who was jaywalking. Will I be punished too?
Will I be arrested right away if I cause a fatal accident?
The insurer is compensating the family. Do I still need to pay separate criminal settlement money?
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Read more →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
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