Pureun “Ian” Hong
MP ian@decentlaw.ioIan served as criminal law expert at YK Lawfirm, handling various corporate litigations including private fund investments, STOs, and capital markets.
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BlogsCommercial Lease and Change of Use in Korea: Can the Lease Be Terminated If Business Operations Are Not Permitted?
A tenant may sign a commercial lease intending to operate a restaurant, café, convenience store, academy, or other specific business, only to later discover that the premises cannot legally be used for that purpose. This may occur because the building’s registered use does not permit the intended business, the required change of use cannot be approved, or separate business licensing requirements cannot be satisfied. In such cases, the landlord is not automatically liable simply because the change of use is unsuccessful. Whether the tenant may terminate the lease, recover the security deposit, or claim damages depends on factors such as the agreed purpose of the lease, the reason the intended business cannot operate, any contractual allocation of responsibility for permits and change-of-use procedures, and the representations made by the landlord before the lease was signed. Contents When a Change of Use Is Required What to Check Before Signing a Commercial Lease Landlord Liability When a Change of Use Is Not Possible Lease Termination and Return of the Security Deposit Damages for Interior and Business Preparation Costs Recommended Commercial Lease Clauses Frequently Asked Questions Key Takeaways on Commercial Leases and Change of Use 1. When Is a Change of Use Required for Commercial Premises? If the current registered use of a building differs from the tenant’s intended use, it is necessary to determine whether a change-of-use procedure is required under the Korean Building Act. Article 19 of the Building Act requires a building whose use is changed to comply with the building standards applicable to the intended new use. Depending on the type of change, approval, reporting, or an application to amend the building register may be required. [Article 19 of the Building Act – Change of Use] However, a change of use under the Building Act and a business-specific license or registration are separate legal issues. Even if the registered building use can be changed, the premises may still fail to satisfy requirements applicable to a restaurant, academy, or other regulated business. A prospective tenant should therefore confirm not only the current use shown on the building register but also whether the intended business can legally operate at the premises. 2. What Should Be Checked Before Signing a Commercial Lease? Before signing a commercial lease, the tenant should verify the registered use of the premises, whether the intended business can operate there, and who will bear responsibility for any change of use or licensing process. 🔹Key Checks Before Signing a Commercial Lease Item What to Check Building Register Current registered use of the premises Intended Business The specific business to be operated Change of Use Whether the required change can legally be made Building Standards Parking, fire safety, structural, and other requirements Business Licenses Whether permits, registrations, or reports required for the business are available Lease Agreement Who is responsible for permits, change of use, and related costs Special Clauses What happens if the tenant cannot obtain the required approval or operate the intended business Where a tenant is leasing premises for a specific business, it is generally preferable to state that purpose expressly rather than describing the premises only as a “commercial unit” or “store.” The purpose stated in the agreement may become an important factor if a dispute later arises over whether the premises were suitable for the intended use. 3. Is the Landlord Liable If the Change of Use Is Not Possible? If the premises cannot be used for the purpose agreed under the lease, the landlord’s contractual obligation to enable the tenant to use and benefit from the premises may become an issue. Article 623 of the Korean Civil Act requires a landlord to deliver the leased property and maintain it in a condition necessary for the tenant’s use and enjoyment during the lease term. [Article 623 of the Civil Act – Obligations of the Lessor] In Supreme Court Decision 2021Da202309, dated April 29, 2021, the lease expressly stated that the premises would be used as a convenience store, but issues relating to the building’s registered use interfered with normal business operations. The Supreme Court held that the condition in which leased premises must be provided should be determined in light of the agreed purpose and terms of the lease, and that the landlord’s obligation to maintain the premises in a usable condition does not automatically disappear merely because the landlord was unaware of the relevant defect. [Supreme Court Decision 2021Da202309, April 29, 2021] However, the landlord is not automatically liable whenever a change of use is denied. Relevant factors may include: the business purpose stated in the lease; whether the landlord knew the tenant’s intended business; whether the landlord represented that the business could operate at the premises; whether the problem arises from the building itself; and whether responsibility for permits or change-of-use procedures was allocated to a particular party. The central issue is whether the premises were leased for a specifically agreed business purpose and why that purpose became impossible to achieve. 4. Can the Lease Be Terminated If the Change of Use Is Not Permitted? If the inability to change the building use prevents the tenant from carrying out the business contemplated by the lease, termination of the lease may be considered. Where the tenant has already taken possession and used the premises, however, Korean law may treat the issue as termination with prospective effect rather than cancellation that retroactively unwinds the entire contractual relationship. In Supreme Court Decision 93Da61321, dated November 22, 1994, the tenant had taken possession of the premises but could not achieve the purpose of the lease because a legal restriction prevented the necessary change of use. The Supreme Court considered the continuing nature of the lease relationship and addressed the matter as one of termination rather than retroactive cancellation. [Supreme Court Decision 93Da61321, November 22, 1994] If the lease is validly terminated, the tenant may also seek the return of the lease security deposit upon returning the premises. Disputes may nevertheless arise over unpaid rent, restoration costs, or other amounts the landlord claims should be deducted from the deposit. 5. Can the Tenant Claim Interior and Business Preparation Costs as Damages? Where the landlord has breached a contractual obligation and the required elements for liability are satisfied, the tenant may consider claiming damages for losses such as interior construction costs. Article 390 of the Civil Act provides for damages where a party fails to perform its contractual obligations in accordance with the terms of the contract. [Article 390 of the Civil Act – Damages for Non-performance] Potential losses in a commercial lease dispute may include: interior construction costs; fixtures and equipment; demolition and restoration expenses; and expenses actually incurred in preparing permits or business registrations. However, not every expense incurred by the tenant will automatically be recoverable. The tenant must generally establish the connection between the landlord’s breach and the claimed loss, as well as the amount actually incurred. Construction agreements, tax invoices, bank transfer records, receipts, and similar documentation may therefore become important evidence. Claims for anticipated profits or lost business revenue generally require additional proof and should be considered separately from actual out-of-pocket expenses. 6. What Clauses Should Be Included in a Commercial Lease? Where the premises are being leased for a specific business, the lease should clearly address what happens if the required change of use or business license cannot be obtained. Relevant provisions may address: the specific business to be operated; whether a change of use is required; which party will handle the change-of-use procedure; allocation of related costs; the landlord’s obligation to provide documents or cooperation; termination rights if approvals are not obtained within a specified period; return of the deposit or other payments; and treatment of interior construction and restoration obligations. In particular, a general provision stating that “all permits and licenses are the tenant’s responsibility” may not adequately distinguish between regulatory issues relating to the tenant’s individual business and legal restrictions arising from the building itself. Where the ability to operate the intended business remains uncertain, the parties may consider expressly addressing termination and payment-return arrangements if the necessary approvals cannot be obtained. 7. Frequently Asked Questions Q1. If the lease says the premises will be used as a restaurant, must restaurant operations necessarily be permitted? The stated business purpose is an important factor, but it does not by itself determine liability. It is also necessary to consider whether the landlord knew the intended use, why the business cannot legally operate, and how the lease allocated responsibility for regulatory approvals. Q2. Is the landlord free from liability if the landlord did not know that the change of use was impossible? Not necessarily. A landlord’s lack of knowledge does not automatically eliminate the obligation to maintain the leased premises in a condition suitable for the agreed use. Whether damages may also be claimed requires a separate review of the requirements for contractual liability. Q3. What happens if neither the landlord nor the tenant is responsible for the inability to operate the business? If the contractual purpose becomes impossible to achieve for reasons attributable to neither party, Korean rules on risk allocation in bilateral contracts may become relevant. The result will depend on why the business became impossible and on the specific terms of the lease. Q4. What should a tenant do if interior construction has already been completed but the business license cannot be obtained? Before incurring additional expenses, the tenant should determine the exact reason the license cannot be issued and whether the problem can be corrected. The tenant should also preserve the building register, lease agreement, licensing documents, interior construction agreements, invoices, receipts, and communications with the landlord before assessing termination, deposit recovery, or damages. 8. Commercial Lease and Change of Use: Key Takeaways In a Korean commercial lease dispute involving a change of use, the registered use of the building is only one part of the analysis. The business purpose agreed between the landlord and tenant is also critical. If the parties entered into the lease for a specific business but a problem inherent in the building prevents that business from operating, issues such as lease termination, return of the security deposit, and damages may arise. However, the landlord is not automatically liable simply because a change of use cannot be completed. The lease agreement, special provisions, building register, reason for the licensing failure, representations made before signing, and records of actual expenditure should be reviewed together.
2026-08-18 -
Blogs
Revenge Driving Penalties in Korea: From Special Intimidation to License Suspension or Revocation
1. What Legally Counts as Revenge Driving? There is no separate criminal charge called "revenge driving." Instead, when a driver uses a vehicle to inflict injury, assault, intimidation, or property damage on a specific other party, it becomes a matter of the corresponding aggravated ("special") offense under the Criminal Act. Article 93(1)(10-2) of the Road Traffic Act also separately provides for license suspension or revocation where a driver, using a vehicle, has violated the Criminal Act's provisions on special injury, special assault, special intimidation, or special property damage. So determining whether revenge driving occurred is not simply about whether the driving was rough. For example, after becoming angry over another vehicle cutting in or honking, a driver might chase that vehicle and then: Cut in front of the other vehicle and brake suddenly Repeatedly block its path Drive in a way that pushes the other vehicle sideways Deliberately collide with the vehicle Block the vehicle so the driver cannot get out These kinds of actions may be reviewed as revenge-driving-related offenses depending on the specific driving method and circumstances. However, the mere fact that there was sudden braking or a lane change does not automatically make it revenge driving. It is necessary to examine together whether the driving was required by traffic conditions, whether the action targeted a specific driver, and whether it actually posed a threat to the other party. 2. When Is Revenge Driving More Likely to Be Established? Whether revenge driving is established is determined comprehensively based on the intent toward a specific counterpart, the danger of the driving conduct, and the sequence of events before and after the incident. 1) Did It Target a Specific Vehicle? If, after a dispute with another vehicle, the driver followed only that vehicle and repeatedly obstructed its path, whether the conduct was directed at a specific person becomes a key issue. Conversely, if a driver happened to brake suddenly in a traffic jam or changed lanes to avoid an obstacle, the same vehicle movement may be evaluated differently. 2) How Dangerous Was the Actual Driving? The following facts can serve as concrete evidence for this determination. Distance between vehicles Driving speed at the time Degree of sudden braking Number and interval of lane changes Number of lanes and traffic volume on the road Degree of collision risk Whether an actual contact or accident occurred Whether the other vehicle had to brake or swerve suddenly to avoid it The point that what matters is not the vehicle itself as a means, but how it was used, is also confirmed in Supreme Court rulings on "dangerous objects." 3) What Was the Situation Before and After the Incident? In revenge driving cases, an emotional response is sometimes triggered by a honk, high beams, or a lane change. Therefore, in addition to dashcam footage, audio, vehicle driving records, and nearby CCTV footage, if available, should be checked together to confirm the flow of events. 3. How Is Reckless Driving Different From Revenge Driving? The biggest difference is that reckless driving governs cases where a driver commits several dangerous driving acts under the Road Traffic Act in succession, or continues or repeats a single act, whereas revenge driving involves a vehicle-related crime directed at a specific counterpart. Comparing the two is as follows. Category Revenge Driving Reckless Driving Key issue Threats, assault, injury, or property damage directed at a specific counterpart Continuous, sustained, or repeated dangerous driving conduct Applicable law Special intimidation, special assault, special injury, special property damage, etc. under the Criminal Act Article 46-3 of the Road Traffic Act Specific counterpart An important factor in the determination Not necessarily required Number of acts Not determined by number alone Two or more consecutive acts, or one act that is sustained or repeated Penalty The relevant Criminal Act provision applies depending on the actual conduct Imprisonment of up to 1 year or a fine of up to KRW 5 million Reckless driving may be punished with imprisonment of up to one year or a fine of up to KRW 5 million under Article 151-2 of the Road Traffic Act. It is difficult to automatically rule out the possibility of revenge driving simply because the driving conduct occurred only once. Conversely, driving dangerously multiple times does not automatically make it revenge driving either, so it must be specifically confirmed against whom, with what intent, and in what manner the driving was carried out. 4. How Severely Can Revenge Driving Be Punished? Article 93 of the Road Traffic Act also specifies these four types of offenses committed using a vehicle as grounds for administrative action against a driver's license. If a Vehicle Was Used to Threaten: Special Intimidation If a vehicle is used to threaten the other party as if to cause harm, special intimidation may be reviewed. Special intimidation under Article 284 of the Criminal Act is punishable by imprisonment of up to 7 years or a fine of up to KRW 10 million. If a Vehicle Was Used to Assault: Special Assault If conduct using a vehicle is evaluated as assault against a person's body, special assault may become an issue. Article 261 of the Criminal Act provides that special assault is punishable by imprisonment of up to 5 years or a fine of up to KRW 10 million. If the Other Party Was Injured: Special Injury If the other party actually suffered injury as a result of revenge-driving conduct using a vehicle, special injury may be reviewed. Special injury under Article 258-2(1) of the Criminal Act is punishable by imprisonment of 1 to 10 years. Unlike special intimidation or special assault, a fine is not provided as an alternative penalty. If the Other Vehicle Was Damaged: Special Property Damage If the other vehicle was damaged by conduct such as deliberately ramming it, special property damage may become an issue. Article 369(1) of the Criminal Act provides that special property damage is punishable by imprisonment of up to 5 years or a fine of up to KRW 10 million. However, which charge actually applies in a given case is not determined simply by whether a collision occurred; the applicable charge may vary depending on the specific facts, including the vehicle's movement, whether there was an impact, the distance to the other party, and whether an injury occurred. 5. Can Revenge Driving Lead to License Suspension or Revocation? Yes. Revenge driving can also be subject to administrative action against a driver's license, separate from criminal punishment. Under the current Enforcement Rule of the Road Traffic Act, Attached Table 28 provides that 100 penalty points are imposed when a person is booked for revenge driving involving special injury or similar offenses under the Criminal Act using a vehicle. The same table also provides that a driver becomes subject to license suspension once their cumulative penalty points reach 40 or more, with points generally converted to days on a one-point-per-day basis. In addition, since a cumulative score of 121 points or more within one year can meet the criteria for license revocation, drivers who already have existing penalty points need to check their existing cumulative score together with the 100 points imposed for revenge driving. Meanwhile, where a person is detained for committing special injury, special assault, special intimidation, or special property damage using a vehicle, the Enforcement Rule also sets out separate criteria for license revocation. Therefore, one should not assume that "paying a fine is the end of the matter." Separate from the handling of the criminal case, it is necessary to check the administrative disposition of one's license based on current penalty points, whether criminal charges have been filed, and whether detention has occurred. 6. What Should You Do First If You're Reported for Revenge Driving? The first thing to do is preserve objective evidence that can establish the entire flow of driving at the time of the incident. 1) Preserve the Original Dashcam Footage Rather than cutting out only the portion where the dispute with the other party occurred, it is better to preserve the footage from before the incident through to its end. 2) Organize the Reasons for Sudden Braking or Lane Changes If there were driving-related reasons at the time, such as a traffic signal, braking by the vehicle ahead, a pedestrian or obstacle, or a merging section, these should be organized in detail. 3) Organize the Sequence of Events It is necessary to organize, in chronological order, everything from the point of the initial lane change or honking to the point when one's own driving conduct ended. 4) Secure Objective Evidence In addition to dashcam footage, it is good to check vehicle GPS data, nearby CCTV footage, passenger statements, and photos of vehicle damage, if available. 5) Distinguish the Charges and Facts Before the Police Investigation The facts and legal issues that need to be explained may differ depending on whether special intimidation, or special assault, special injury, or even special property damage is at issue. 7. Frequently Asked Questions (FAQ) Q1. Can a single sudden stop lead to a revenge driving conviction? A single sudden stop does not automatically amount to revenge driving, but the possibility of revenge driving is not necessarily ruled out simply because it happened only once. It is necessary to check whether the driver targeted the other vehicle, blocked it, and then braked suddenly in a situation with a high risk of collision, or whether the braking was necessary for traffic reasons. Q2. Can someone be punished for revenge driving even without colliding with the other vehicle? Yes, it is possible. Even without an actual collision, if conduct using a vehicle is evaluated as a threat against the other party, special intimidation may become an issue. Since special intimidation is not a crime that requires vehicle damage or injury as an essential element, it is necessary to specifically examine whether there was a threatening element, based on factors such as the distance between vehicles, speed, and the degree of sudden braking or blocking of the path. Q3. If a settlement is reached with the victim, does that mean the revenge driving case will not be punished? Reaching a settlement does not automatically mean that every revenge driving case will be closed. Even if a settlement is pursued, it is necessary to check the applicable charge, the extent of harm, and the stage of the investigation together. 8. Key Takeaways Even the same act of sudden braking or path obstruction can be evaluated differently under the law, depending on the driving conditions at the time, the intent toward the other party, and the degree of threat involved. In particular, dashcam footage and the flow of driving before and after the incident can be important evidence for determining whether revenge driving is established and which charge applies, so it is necessary to preserve the original footage. As this can involve not only criminal punishment but also suspension or revocation of a driver's license, it is important to specifically check what issues exist in your situation before the police investigation, so you should be sure to get help from an expert to gather the materials your case needs. Decent Law Firm, based on its experience resolving numerous revenge driving cases, reviews dashcam footage and the circumstances before and after the incident to organize the charges and issues that may actually apply. If you are facing a police investigation, we can also help you organize the reasons for your driving conduct and the circumstances at the time based on objective evidence, and, where necessary, we can help review your response at each stage of the investigation together, including settlement with the victim and submission of a written opinion.
2026-08-18 -
Blogs
Settlement in 12 Major Traffic Violation Cases: Criminal Settlement and Insurance Compensation Explained
1. Which Accidents Qualify as One of the 12 Major Traffic Violations? The "12 major traffic violations" do not simply refer to accidents where the driver is judged to be seriously at fault. Under the proviso to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, they refer specifically to accidents in which a person is injured as a result of violating one of twelve enumerated traffic rules. In an ordinary traffic accident, the driver may be exempt from criminal prosecution under the special provisions if the victim does not wish to press charges, or if the driver is covered by a qualifying comprehensive insurance policy. However, in accidents involving one of the 12 major violations, investigation and prosecution can proceed even if the victim does not wish to press charges, and holding comprehensive insurance alone does not necessarily end the criminal process. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents provides that a person who causes injury through occupational negligence or gross negligence in a traffic accident may be punished by imprisonment for up to five years or a fine of up to KRW 20 million. The 12 Specific Categories of Major Violations Violation of traffic signals or instructions — whether the vehicle signal, a police officer's signal, or a no-passing/stop sign was violated Crossing the centerline — centerline crossing, or prohibited crossing, U-turns, or reversing Exceeding the speed limit by more than 20 km/h — the posted speed limit at the accident site versus the actual driving speed Improper overtaking or cutting in — whether the method, location, or timing of overtaking, or the prohibition on cutting in, was violated Improper railroad crossing procedure — whether the legally required stop-and-check procedure was followed Failure to protect pedestrians at a crosswalk — whether the pedestrian was crossing within the marked crosswalk Driving without a valid license — whether the license was suspended or revoked, or the driver lacked the license class required for the vehicle Driving under the influence of alcohol or drugs — blood alcohol level, whether normal driving was impaired, and the effect of any drugs Driving on the sidewalk — whether the vehicle entered or improperly crossed the sidewalk Failure to secure passengers before departure — whether doors were closed and other safety measures were taken before the vehicle moved Failure to exercise due care in a school zone — whether a child was injured within a designated school zone Failure to secure cargo — whether necessary measures were taken to prevent cargo from falling Formally falling within one of these categories does not automatically determine the outcome of a case. There must be a causal link between the specific violation and the victim's injury, which requires a detailed review of the actual signal status, the vehicles' positions, the point of impact, the speed limit, and the pedestrian's path of movement, among other factors. 2. How Do Criminal Settlement and Insurance Settlement Differ? The civil settlement handled by an insurance company and the criminal settlement a driver seeks directly from the victim are two separate processes. Payment of insurance proceeds does not, by itself, complete a criminal settlement, and conversely, reaching a criminal settlement does not necessarily resolve every civil damages issue the insurance company is responsible for. A civil settlement is intended to compensate the victim for the property and emotional damage caused by the accident. A criminal settlement, by contrast, carries the important additional meaning that the victim expresses a wish not to see the driver criminally punished, alongside compensation for the harm suffered. However, paying a criminal settlement amount does not always mean that amount is treated as entirely separate from civil damages. How the legal relationship develops afterward can depend on how the settlement agreement characterizes the payment and its relationship to civil damages and insurance claims. For this reason, the following points should be clearly confirmed when drafting a criminal settlement agreement. The legal character of the amount being paid Its relationship to the damages the victim will receive from the insurance company Whether additional civil claims will be permitted The scope of the victim's expressed wish not to see the driver punished Whether an additional claim will be possible if aftereffects develop later 3. What Determines the Amount of a Settlement in a 12-Major-Violation Case? There is no fixed schedule of amounts set by law for settlements in 12-major-violation cases. Rather than a uniform calculation, the amount must be negotiated by weighing the severity of the injury, the gravity of the accident, the risk of criminal punishment, and the actual extent of recovery achieved. The Severity of the Victim's Injury Whether the case involves a serious injury is treated as an important aggravating factor in traffic-accident-injury cases. The Degree of Illegality and Fault in the Accident Cases involving two or more overlapping major-violation grounds, or reckless driving, may be assessed as cases of "heightened illegality." Aftereffects and Loss of Income If the victim has been unable to work for an extended period, or has suffered a reduction in working capacity, the resulting damages can extend well beyond medical costs. The Victim's Own Fault If the victim's own conduct — such as running a red light, speeding, failing to wear safety equipment, or an unpredictable jaywalking crossing — contributed to the accident or increased the damage, this can be reflected in the calculation of civil damages. Whether Comprehensive and Driver's Insurance Are in Place If the driver holds comprehensive auto insurance, a substantial portion of the civil damages can be covered through that insurance. However, because holding comprehensive insurance alone is unlikely to secure the special exemption from criminal punishment in a 12-major-violation case, the need for a separate criminal settlement can still arise. The Risk of Criminal Punishment The importance of reaching a settlement increases where circumstances such as the following are present. The victim suffered a serious injury There are multiple victims Drunk driving or driving without a license is also at issue A child was injured in a school zone Two or more major violations overlap The driver has a prior record of similar traffic offenses The victim is requesting severe punishment 4. Does Reaching a Settlement with the Victim Guarantee Avoiding Criminal Punishment? Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents bars prosecution against the victim's express wishes in an ordinary traffic accident, but this special provision does not apply to accidents involving one of the 12 major violations. Accordingly, even if the victim submits a statement declining to press charges, the police investigation and the prosecutor's charging decision can still proceed. That said, a settlement can still have a significant effect on the severity of the criminal punishment imposed. The traffic-crime sentencing guidelines that took effect on July 1, 2026 list the following as mitigating factors in cases involving traffic-related injury or death. The victim's expressed wish against punishment Substantial recovery of the harm caused Meaningful recovery of the damage Holding comprehensive auto insurance Genuine remorse No prior record of criminal punishment Conversely, factors such as serious injury, a major violation involving heightened illegality, a prior record of similar offenses, or pressuring the victim during settlement negotiations can work against the driver. It is important to acknowledge the circumstances of the accident, offer a sincere apology, check on the victim's treatment and recovery, and objectively identify what harm remains uncompensated by insurance. 5. How Should You Prepare for a Settlement After a 12-Major-Violation Accident? If a 12-major-violation accident has occurred, the first step is not to propose a settlement amount, but to first organize the type of accident and the scope of the harm. Confirming Whether the 12-Major-Violation Provision Applies It is necessary to confirm whether the specific violation identified by the police is consistent with the actual accident record. [Evidence to Secure] The original dashcam footage from your vehicle Dashcam footage from nearby vehicles CCTV footage from intersections or nearby businesses Photographs of the accident scene The traffic signal cycle chart Vehicle speed data Navigation driving records The police-prepared traffic accident investigation report Witness contact information and statements In particular, whether a signal violation, a crosswalk accident, or centerline crossing occurred can turn on the exact point of impact and the vehicles' paths immediately before the collision. Confirming the Severity of the Victim's Injury The number of weeks of diagnosed recovery time alone does not determine the settlement amount. The following materials should be reviewed together. Medical certificates and injury diagnosis reports Surgical records Admission and discharge confirmations Future treatment plans The likelihood of lasting aftereffects Records of lost work or reduced income The treatment costs and settlement amounts already paid by the insurer If there are multiple victims, each victim's degree of injury and insurance treatment should be assessed separately. Also, if the victim declines to be contacted but is nonetheless repeatedly called, or family members or the workplace are contacted, this can be treated as secondary harm. The sentencing guidelines also treat persistently pressuring a victim, or hinting at disadvantages to them, during settlement negotiations as an unfavorable sentencing factor — so if the victim does not wish to be contacted directly, conveying your position through legal counsel is worth considering. 6. Frequently Asked Questions (FAQ) Q1. Is there a fixed settlement amount per week of diagnosed recovery time in 12-major-violation cases? There is no legal standard requiring a fixed amount per week of diagnosed recovery. The number of weeks is only one of several factors used to assess injury severity — surgery, length of hospitalization, aftereffects, the victim's occupation and income, the fault ratio, the insurance compensation already paid, and the risk of criminal punishment are all considered together. Q2. Do I still need a criminal settlement even if I have comprehensive auto insurance? In 12-major-violation cases, holding comprehensive insurance alone may not conclude the criminal process, so the need for a separate criminal settlement can still arise. That said, a criminal settlement is not always required in every case. It is necessary to comprehensively review whether the injury is minor, whether the harm has already been sufficiently recovered through insurance, whether the victim wants the driver punished, and whether the driver has a record of similar offenses. Q3. What should I do if the victim demands an excessive settlement amount? Rather than immediately accepting the demanded amount or reacting emotionally by refusing it, the basis for the figure should be reviewed. It is worth first examining the treatment costs and damages already paid by insurance, the severity of the injury, the likelihood of lasting aftereffects, the actual loss of income, and the likely criminal disposition in comparable cases. 7. Points to Keep in Mind There is no fixed market rate or standard formula tied to weeks of diagnosed recovery for settlements in 12-major-violation cases. The severity of the victim's injury, the likelihood of lasting aftereffects, the fault ratio, the insurance treatment history, the type of major violation involved, and the driver's prior record are the key factors that determine both the scope of settlement and the criminal outcome — and because the specific wording of the settlement agreement can determine whether the criminal settlement amount is treated as civil damages, or whether future claims are limited, the scope of the settlement should be confirmed before any payment is made or any signature given. Because a 12-major-violation accident requires reviewing the accident record, medical materials, and insurance treatment history together to determine the right course of action, anyone facing a police investigation or a settlement negotiation with a victim should first consult an attorney experienced in this area to review which major-violation category applies and the legal effect of the settlement agreement.
2026-08-10
