ENGLISH

- A ‘traffic accident’ is a situation in which a person is killed or injured or goods are harmed by road traffic, such as the driving, etc. of a motor vehicle (hereinafter referred to as a "traffic accident")(Article 54(1) of the Road Traffic Act).

- In the event of a road traffic accident, drivers and/or other passengers (hereinafter referred to as ‘driver, etc.’) shall stop the motor vehicle immediately and take all necessary measures including the provision of aid and relief to any casualties (Article 54(1) of the Road Traffic Act).

- Any person who fails to take the required action in the event of a traffic accident shall be punished by imprisonment of not more than 5 years or a penalty of not more than KRW 15,000,000 (Article 148 of the Road Traffic Act).

- Any person who impedes the measures being taken in a road traffic accident shall be punished by imprisonment of not more than 6 months or a penalty pf not more than KRW 2,000,000 or penal detention (Article 153(1)5 of the Road Traffic Act).

- In cases where a driver who commits a crime due to occupational or gross negligence (Article 268 of the Criminal Act) while driving a motor vehicle or a motor bicycle under Article 2 of the Road Traffic Act, or construction machinery other than that set forth in the proviso of Article 26(1) of the Construction Machinery Management Act (hereinafter referred to as the “accident-causing-driver”) flees the scene of the accident without taking necessary measures including the provision of aid or relief to any casualties in compliance with Article 54(1) of the Road Traffic Act, he/she shall be charged aggravated punishment in accordance with the following classification (Article 5-3 of the Act on Aggravated Punishment of Specific Crimes).

- In the event of a breakdown, drivers are legally required to turn on their vehicle's emergency lights and place a warning triangle at the location where the drivers of motor vehicles approaching from the rear can see it(Article 40 of the 「Enforcement Regulation of the Road Traffic Act」).

- Securing the statement of a witness (or witnesses) to an accident is of paramount importance, since legal cases involving violations of traffic signals, accidents at a crosswalk, etc. have often undergone a change of statement due to a witness statement.

- Even if a perpetrator recognizes his/her fault or negligence at the scene of an accident, he/she may change a previous statement or modify and embellish the statement to his/her advantage. Such cases are very common. Therefore, receiving the confirmation of a statement is recommended to prevent the person concerned from altering the wording of his/her statement at a later date.

- It often happens that a perpetrator who has driven in a state of intoxication later denies the fact of his/her intoxication despite having agreed to settle the case. It is difficult to prove intoxication unless the level of alcohol in the driver’s body is measured or his/her blood is collected. It is recommended to receive the perpetrator’s confirmation of quantity, time, and the fact of drinking etc. in casethe victim do not file a police report for the accident.

- It is also important to take notes on the identity of the perpetrator, the assailant’s vehicle, and whether he/she is insured or not.