Key Points
- A vehicle driver who injures or kills someone in an accident faces up to 5 years of imprisonment without labor or a fine of up to KRW 20 million (Article 3(1) of the Traffic Accident Settlement Act).
- Even if someone was injured, there is usually no indictment if you are insured or the victim does not want you punished, but you lose this protection if one of the 12 serious-fault categories applies (proviso to Article 3(2), Article 4(1)).
- The twelve categories run from disobeying signals and instructions to crossing the center line, speeding (over 20 km/h above the limit), overtaking, railroad crossings, crosswalks, driving without a license, alcohol or drugs, driving onto sidewalks, passengers falling, child protection zones, and falling cargo.
- You can separately contest whether there was a violation and whether the accident happened "because of" that violation (causation).
The twelve categories
The proviso to Article 3(2) of the Traffic Accident Settlement Act allows criminal proceedings regardless of insurance if any one of the following 12 applies.
| No. | Act |
|---|---|
| Item 1 | Disobeying a traffic signal or a police officer's signal, or the instructions of a no-entry or stop sign |
| Item 2 | Crossing the center line, or crossing, making a U-turn or reversing on an expressway or similar road |
| Item 3 | Driving more than 20 km/h over the speed limit |
| Item 4 | Violating the rules on how, when and where to overtake, or the ban on cutting in |
| Item 5 | Violating the rules on passing through a railroad crossing |
| Item 6 | Failing to protect pedestrians at a crosswalk |
| Item 7 | Driving without a license (including driving during a license suspension) |
| Item 8 | Driving under the influence of alcohol or drugs |
| Item 9 | Driving onto a sidewalk or violating the rules for crossing a sidewalk |
| Item 10 | Violating the duty to prevent passengers from falling |
| Item 11 | Injuring a child by violating the duty to drive safely in a child protection zone |
| Item 12 | Violating the measures to prevent cargo from falling |
Besides these twelve, the same exception applies where the driver fled after the accident, refused a breath test (except where a blood test was requested or consented to), or obstructed the test. In addition, if the victim's life is endangered or the victim suffers a serious injury resulting in disability or an incurable or hard-to-cure illness, indictment is possible even with insurance (Article 4(1)2).
Common disputes in each category
- Running a signal · The key is whether you entered on yellow and whether you were close enough to stop before the stop line. This is checked with the signal cycle table and frame-by-frame dashcam analysis.
- Crossing the center line · We look at whether you had no choice but to cross to avoid an obstacle, and whether the crossing was the direct cause of the accident. Case law does not treat it as a center-line accident when there were unavoidable circumstances.
- Speeding · We examine whether the method of calculating speed (dashcam frames, skid marks, the event data recorder (EDR)) is accurate and whether the excess was over 20 km/h.
- Causation · Even if there was a violation, if the real cause of the accident was the other party's sudden action, the exclusion from the special exemption may not apply.
To reduce the penalty
Serious-fault accidents often end with a fine, but where the harm is great or the fault is grave, imprisonment without labor may be imposed. A criminal settlement with the victim, the progress of the insurance claim, the extent of the victim's own fault, and your driving history and past accidents are reflected in the sentence. Also check in advance whether your driver's insurance includes a rider for traffic accident legal support funds.
Frequently Asked Questions
I had an accident entering on a yellow light. Is that running a signal?
If I am punished for a serious-fault accident, will I have a criminal record?
The other vehicle also ran a signal. Will only I be punished?
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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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