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.
