Key Points
- A driver who causes a traffic accident must stop immediately, take necessary measures such as aiding the injured, and give the victim personal details (Article 54(1) of the Road Traffic Act).
- A violation carries up to 5 years in prison or a fine of up to KRW 15 million (Article 148).
- If it is clear that you damaged only a parked vehicle and did not leave contact details, the penalty is relatively light: a fine of up to KRW 200,000, detention, or a petty fine (Article 156(10)).
- The core of an acquittal argument is whether measures to remove danger on the road were needed and what measures you actually took.
The duties of a driver who causes an accident
Under Article 54(1) of the Road Traffic Act, a driver or other person who causes an accident must stop immediately and then (1) take necessary measures such as aiding the injured and (2) give the victim personal details such as name, phone number and address. Paragraph 2 requires reporting the location, number of casualties and extent of damage to a police officer or the nearest police station, but waives the reporting duty if it is clear that only vehicles were damaged and measures to prevent danger on the road have been completed.
| Situation | Provision |
|---|---|
| Leaving without taking necessary measures | Article 148 of the Road Traffic Act |
| Damaging only a parked car and not leaving personal details | Article 156(10) of the Road Traffic Act |
| Fleeing and leaving an injured person behind | Article 5-3 of the Act on the Aggravated Punishment of Specific Crimes (the “Specific Crimes Aggravated Punishment Act”, 특정범죄가중법) |
| Provision | Penalty |
|---|---|
| Article 148 | Up to 5 years in prison or a fine of up to KRW 15 million |
| Article 156(10) | A fine of up to KRW 200,000, detention, or a petty fine |
| Article 5-3 of the Specific Crimes Aggravated Punishment Act | At least 1 year in prison or a fine of KRW 5 million to 30 million |
Circumstances that allow you to contest the charge
Courts decide case by case what measures were required, based on how the accident happened and the extent of the damage. The measures required are not the same for every accident.
- Did you stop immediately? · Even if you could not stop right at the accident spot and stopped on a safe shoulder or at the next intersection, it may not be a violation if road conditions left no choice.
- How far did measures need to go? · If it was a light contact where no debris was scattered and there was no risk of a secondary accident, there is room to argue that no further measures were needed.
- How did you give your personal details? · We look at whether the victim could identify the driver through a business card, a note with a phone number, a conversation recorded on the dashcam, and so on.
With insurance, the injury charge can be dismissed
Even in an accident that injured someone, if failure to take measures or fleeing is not found, the injury charge often cannot be brought at all as long as you have comprehensive insurance or the victim does not want you punished (Act on Special Cases Concerning the Settlement of Traffic Accidents (the “Traffic Accident Settlement Act”, 교통사고처리법)). In a rear-end collision caused by drowsy driving that DAEON Law Firm handled, the court acquitted on failure to take measures after an accident and dismissed the prosecution on the injury charge (a dismissal of prosecution ends the charge without ruling on the merits). This is a case where clearing the failure-to-take-measures charge decided the outcome of the whole case.
Frequently Asked Questions
I scratched a parked car and left a note, but someone reported me.
I panicked right after the accident and went several hundred meters further before stopping.
The other driver said they were fine, so we parted without exchanging contact details.
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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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