Hit-and-Run Traffic Accident Imprisonment Up to 12 Years... Increased Penalties

Sentencing Guidelines for Traffic Accidents in 'Eorini Bohoguyeok' Zones Also Raised

[Asia Economy Reporter Heo Kyung-jun] The sentencing guidelines for hit-and-run offenders, who could previously be sentenced to a maximum of 10 years in prison, will be raised to a maximum of 12 years.

The 122nd meeting of the Sentencing Commission is in progress. / Provided by the Sentencing Commission

The Sentencing Commission (Chairperson Kim Young-ran, former Supreme Court Justice) announced on the 14th that at its 122nd plenary meeting, it resolved the establishment and amendment of sentencing guidelines for traffic crimes, including this change. The amendment will be finally approved at the plenary meeting in April.

The sentencing guideline for cases where the offender fled after abandoning the victim following a traffic accident resulting in the victim's death (abandonment and flight resulting in death) was previously 3 to 10 years imprisonment, but has been raised to 3 to 12 years imprisonment.

If mitigating factors are present, the sentence remains 3 to 5 years imprisonment as before, but if aggravating factors exist, the guideline has been increased to 6 to 12 years imprisonment. In cases without mitigating or aggravating factors, the previous guideline was 4 to 6 years imprisonment, but the revised guideline recommends 4 to 7 years imprisonment.

For cases where the offender fled without abandonment and the victim died (death after flight or flight after death), the sentencing guideline has also been raised from the previous 2 years and 6 months to 8 years imprisonment to 2 years and 6 months to 10 years imprisonment. Even when the victim did not die (injury after flight), the maximum recommended sentence has increased from 5 years to 6 years imprisonment.

In cases of injury after flight, unlike the previous recommendation to impose at least 6 months imprisonment regardless of mitigating factors, the amendment allows for a fine ranging from 3 million to 15 million KRW if the injury is minor or if the victim does not wish to press charges.

Additionally, the Sentencing Commission established sentencing guidelines for traffic accidents occurring in child protection zones and for offenses such as drunk driving and driving without a license.

When a child is injured in a traffic accident, a fine of 3 million to 15 million KRW or imprisonment from 6 months to 5 years is recommended; if a child dies, imprisonment from 1 year and 6 months to 8 years is recommended.

For driving without a license, a fine of 500,000 to 3 million KRW or imprisonment from 1 month to 10 months is recommended. For drunk driving without an accident, if the blood alcohol concentration is 0.2% or higher, a fine of 7 million to 15 million KRW or imprisonment from 1 year to 4 years is recommended. Refusal to undergo a breathalyzer test is recommended to be punished with a fine of 3 million to 10 million KRW or imprisonment from 6 months to 4 years.