Crimes Related to Traffic Offenses

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Promulgated on June 18, 2012, Effective on July 1, 2012

교통범죄 양형기준
Classification Adverse Affirmative
Primary Consideration Factor
  • Resulting in DeathㆍGrievous Injuries or Causing Serious Danger to the Victim’s Life by Fleeing
  • Abandoning the Victim and Fleeing After the Occurrence of the Traffic Accident
  • Cases that Fall Under Certain Saving Clause of the Traffic Accident Act, Article 3, paragraph 2 that Embodies Heavy Illegality
  • Criminal History of the Same Offense (Suspension of Sentence or More Severe Punishment Within Five Years; or More than Three Incidents of Fines)
  • Cases Where the Victim is Also Substantially Responsible for the Occurrence of the Accident or the Extent of Damage
  • Slight Bodily Injuries
  • Accident Caused by Operating a Bicycle (Limited to Cases of General Accidents)
  • Victim Opposes Punishment
  • No Prior Criminal History
General Consideration Factor
  • Two or More Criminal History on Suspension of Sentence or for a Greater Offense
  • Other Cases that Fall Under the Traffic Accident Act, Article 3, paragraph 2 Saving Clause
  • Lack of Social Ties
  • Drug or Alcohol Addiction
  • Absence of Efforts to Reverse Harm
  • Absence of Remorse
  • Strongly-Established Social Ties
  • Voluntary Surrender to Investigative Agencies (Crimes of Fleeing the Traffic Accident Scene)
  • Expresses Sincere Remorse
  • No Criminal History of Suspension of Sentence or Imposing of Other Sentences More Severe
  • Cases of Old-Aged Offenders
  • Cases of Physically-ill Offenders
  • Passive Participation As an Accomplice
  • Cases where the Arrest of the Offender would Cause Severe Hardship to the Offender’s Dependent Family Member
  • Comprehensive Vehicle Insurance Coverage
  • Significant Amount of Money Deposited
  • Actively Rescuing or Transferring the Victim to the Hospital (Limited to Cases of General Traffic Accidents)
    • In cases where the consideration factors for suspension of sentence of sentencing and the sentencing factors are identical, refer to the definitions set forth in the Definition of Sentencing Factors.
    • Determining Criminal History
      • Prior criminal history is calculated as follows: In cases involving suspension of sentence, calculate from the date the defendant’s suspension of sentence was affirmed up to the date of the commission of the offense. In cases imposing imprisonment, calculate from the final date of the completion of the sentence up to the date of the commission of the offense.
    • For cases where the imposing penalty is imprisonment, in deciding whether the suspension of sentence is appropriate, the primary consideration factor should be taken into account with greater importance than the general consideration factors. This is further specified as follows:
      1. ①  In cases where only two or more primary affirmative factors exist or when primary affirmative factors outnumber the major adverse factor by two or more, suspension of sentence is recommended.
      2. ②  In cases where two or more primary adverse factors exist or when primary adverse factors outnumber the primary affirmative factor by two or more, imprisonment is recommended.
      3. ③  In cases other than ①, ②, or even if cases of ①, ②, if the difference between the number of general adverse(affirmative) factors and general affirmative (adverse) factors is greater than that of adverse and affirmative factors of the primary consideration, then the judge shall decide whether to suspend the sentencing after assessing and comprehensively taking into account the factors listed under the suspension of sentence section.

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