DUI & Traffic Accident Center · Case Type

If you were charged with hit-and-run,
start by examining whether you knew of the accident when you left

Fleeing after causing injury is among the most heavily punished traffic offenses. But if you did not know of the collision, had reason to believe the other person was unhurt, or left after handing over your contact details, it may not be treated as fleeing. It is better to start responding before the police contact you.

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Key Points

  • If you injure someone in an accident and flee without taking necessary measures such as giving aid, the penalty is at least 1 year in prison or a fine of KRW 5 million to 30 million (Article 5-3(1)2 of the Act on the Aggravated Punishment of Specific Crimes (the “Specific Crimes Aggravated Punishment Act”, 특정범죄가중법)).
  • If the victim dies, the penalty is life imprisonment or at least 5 years in prison, and it is higher still if you move the victim elsewhere and then flee (Article 5-3(2)).
  • Under case law, "fleeing" means leaving the scene without taking measures while knowing that someone was killed or injured, making it impossible to identify who caused the accident.
  • Your license is revoked, and you cannot obtain a new one for 4 years (5 years if combined with drunk driving (officially “driving while intoxicated”) or similar). The administrative action also differs depending on when you report yourself.

Penalties at a glance

Aggravated punishment of fleeing drivers (Article 5-3 of the Specific Crimes Aggravated Punishment Act)
ActInjuryDeath (including death after fleeing)
Fleeing without giving aid (paragraph 1)At least 1 year in prison or a fine of KRW 5 million to 30 millionLife imprisonment or at least 5 years in prison
Moving and abandoning the victim, then fleeing (paragraph 2)At least 3 years in prisonDeath penalty, life imprisonment, or at least 5 years in prison

What counts as fleeing

The Supreme Court defines fleeing as a situation in which the driver, despite knowing that the victim was killed or injured, leaves the scene before fulfilling duties such as giving aid, so that the person who caused the accident cannot be identified (Supreme Court Decision 99Do2869, decided December 7, 1999, and others). In that case, even taking the victim to a hospital and then leaving without giving personal details was held to be fleeing. In other words, having taken the victim to a hospital is not by itself a reason to feel safe.

Issues that can be contested

  • Did you notice the accident? · We examine whether it was hard to feel the impact, for example at night, on a wet road, or in a large vehicle. Sounds recorded on the dashcam, the extent of damage to the vehicle, and how you drove right after the accident serve as evidence.
  • The degree of injury · If the injury was so minor that no aid was even needed, fleeing after causing injury may not be established at all. We look closely at how the medical certificate was obtained and the course of treatment.
  • What you did at the scene · We check whether you spoke with the victim, handed over contact details or your plate number, or were told it was fine to go.
  • Why you left · We examine whether you moved to a safe place to avoid a secondary accident with following vehicles, or went to report to a police station.
Comprehensive insurance and criminal liability · Under Article 4 of the Act on Special Cases Concerning the Settlement of Traffic Accidents (the “Traffic Accident Settlement Act”, 교통사고처리법), a driver with comprehensive insurance is in principle not indicted for causing injury by occupational negligence. However, in the 12 listed cases such as running a red light, crossing the center line, driving without a license, or drunk driving (including failing to protect a pedestrian at a crosswalk and exceeding the speed limit by more than 20 km/h), where there was a hit-and-run or refusal of a breath test, or where the victim's life is in danger or the victim suffered a disabling or incurable injury, you are punished even with insurance.

What to do first

  1. Save the original dashcam footage separatelyCopy the original before it is overwritten. It is the most important evidence on whether you knew of the accident.
  2. Consider appearing voluntarilyContacting the police yourself before they find you shows that you had no intention of fleeing, and it also makes a difference in the penalty-point calculation (Annex 28 of the Enforcement Rule).
  3. Repairing the harmMove quickly on treatment and settlement, but it is safer to go through a defense attorney than to contact the victim directly.

Frequently Asked Questions

I did not even know I had hit anything, but the police contacted me about a hit-and-run.
If you did not know of the accident, there was no intent to flee, so fleeing after causing injury is not established. However, the claim that you did not know must be backed by objective evidence. It is a good idea to organize the dashcam footage, vehicle damage, driving speed, and surrounding noise and submit a written opinion before your first questioning.
The victim said they were fine so I left, but later they submitted a medical certificate.
There are court decisions holding that it was not fleeing where the victim said they were fine and there was in fact no visible injury. Still, if you did not give your contact details, a charge of failing to take measures after an accident or of fleeing may arise, so the conversation at the time and the victim's condition must be contested in concrete terms.
If I settle, can I avoid punishment for a hit-and-run?
Fleeing after causing injury can be prosecuted even if the victim does not want you punished. A settlement helps a great deal in obtaining a suspended sentence (officially “suspension of execution of sentence”) or a fine, but it does not eliminate punishment itself.

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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

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