1. Precedents and Case Law on Hit-and-Run Accidents
When a hit-and-run accident occurs, the relevant legal provisions, Article 54 and Article 148, apply. If the driver fails to take measures such as aiding the victims and providing necessary information, they may face punishment.
There was a case in which a driver operating a rental car on Jeju Island seriously injured eight pedestrians and then fled the scene. In that case, the punishment was determined based on the driver's act of causing the accident and leaving the scene, as well as the condition of the victims and the scale of the harm. Where a victim suffers bodily injury, a criminal fine of at least KRW 5 million and up to KRW 30 million or imprisonment of at least one year may be imposed, and where a victim dies or sustains serious injury, imprisonment of at least five years or life imprisonment may be handed down. In addition, fleeing after an accident caused by drunk driving without taking the required measures is also subject to aggravated punishment.
2. Points to Keep in Mind Regarding Failure to Take Post-Accident Measures
If a driver, panicking after an accident, leaves the scene without taking the required measures, the offense of fleeing after causing injury (도주치상죄) may be established. Even if the victim sustained only a minor injury, leaving the scene without taking appropriate post-accident measures may still be treated as fleeing. Likewise, leaving the accident scene and then returning may also be regarded as fleeing.
If the offense of fleeing after causing injury applies, the Act on the Aggravated Punishment of Specific Crimes (특정범죄가중처벌법) is applied, the driver's license may be revoked, and in the case of a drunk driving hit-and-run, the driver cannot obtain a driver's license again for five years. Therefore, when an accident occurs, the driver must provide sufficient information about themselves and take appropriate measures.
