
Legal Q&A
Q
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Hello. I would like to ask about the level of punishment for a jaywalking traffic accident. The incident occurred at dawn, and because there were almost no cars, I was driving at a somewhat high speed. Then a victim wearing black clothing suddenly darted out, and a traffic accident occurred in which we collided. The victim jaywalked, and the traffic accident occurred because I failed to notice in time. I am asking because I am curious whether, in the case of a jaywalking traffic accident, the victim's fault is taken into account in determining the level of punishment.
jaywalking
traffic accident
traffic accident punishment
jaywalking traffic accident
Answer
Published:
Author : DongIl PARK
Hello, we are answering your question regarding a jaywalking traffic accident.
First, the key point in a jaywalking accident is the ratio of fault between the driver and the pedestrian, and this is an important factor in terms of both criminal liability and civil liability.
Jaywalking is an act prohibited by the Road Traffic Act, and a violation is punishable by a fine of up to 200,000 won, misdemeanor detention, or a minor fine.
Where the victim jaywalked in violation of this, the pedestrian's fault is often recognized as significant.
In particular, where dangerous conduct is involved, such as nighttime or early morning hours, dark clothing, or crossing at the center of the road, the pedestrian's responsibility may be judged to be even greater.
Recently, courts have tended to acquit drivers who collided with a jaywalker and caused death.
However, because the driver also has a duty to look ahead and a duty to drive safely, criminal punishment may follow if the driver's fault is recognized.
We hope that, together with a traffic accident attorney, you will secure objective evidence such as dashcam footage and witness statements to prepare for an accurate assessment of the fault ratio and for responding to the criminal procedure in a jaywalking traffic accident.

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DongIl PARK
T. 070-5221-3616
Attorney Qualified as a Foreign Legal Consultant in Singapore · International Litigation/School Violence/Evidence Investigation Law Attorney

InWon KIM
T. 070-7510-1044
Former Chief Prosecutor [Criminal], Seoul Central District Prosecutors' Office · Attorney Specializing in Criminal Law/DUI Traffic/Accounting Audit/Evidence Examination
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