Crossing the Center Line by just 1cm Can Lead to Criminal Charges? | Criminal Risk Guide ②
Crossing the center line and causing injury can lead to criminal prosecution in South Korea. Even a traffic-related fine results in a criminal record, which can jeopardize a foreigner's visa extension and residency. Learn why early legal response is essential.
"In South Korea, traffic accidents don’t always end as simple insurance matter."
Imagine you are parking in a narrow alleyway when a car coming from the opposite direction brushes past yours. It looks like a minor scratch. However, a few days later, you are informed that the other driver has sought medical treatment, and the police are summoning you for a criminal investigation.
"Wait, why am I facing criminal charges for a fender bender?"
This scenario is surprisingly common in South Korea. For foreign residents, it is vital to understand that a traffic accident can escalate beyond insurance coverage into criminal liability. This guide explains how these transitions happen and what you must watch out for.
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Key Facts: Traffic Accidents in Korea
Criminal Liability: Certain traffic violations automatically trigger criminal investigations if an injury is involved.
The "Center Line" Violation: Crossing the yellow center line is classified as a "serious traffic violation."
The Power of a Medical Certificate: If the other party submits a medical report for an injury, the case shifts from civil to criminal.
Visa Impact: A fine for a traffic offense is still a criminal record, which can negatively affect visa renewals.
Evidence-Driven: Dashcam (Black-box) footage is the most critical factor in determining fault and legal liability.
1. When Does a Traffic Accident Become a Criminal Case?
While most accidents are resolved through insurance and civil settlements, the Korean legal system imposes criminal liability under specific conditions — particularly under the Act on Special Cases Concerning the Settlement of Traffic Accidents. Criminal charges are likely if the accident involves:
Crossing the Center Line
Signal Violations (Running a red light)
Violation of Pedestrian Protection Duties
Accidents in School Zones (Child Protection Zones)
Accidents Resulting in Bodily Injury
A common misconception is: "I only crossed the line by an inch; how can that be 'major'?" In practice, investigators focus on the fact of the violation occurred. Even "just 1cm" can be the deciding factor in whether you face a simple fine or a criminal prosecution for a serious traffic offense.
2. One Medical Certificate Can Change Everything
The turning point in any traffic case is the Medical Certificate (상해진단서). If the other party obtains and submits this document to the police, a minor contact accident is officially reclassified as a criminal case. At this point, you may need to reach a criminal settlement in addition to your standard insurance settlement.
If a settlement isn't reached, the case may result in a criminal fine. Many people assume a "traffic fine" is harmless, but for foreigners, it is a different story. A criminal record for a traffic violation is a significant red flag during visa extensions or changes in residency status. It must not be taken lightly.
3. Why Dashcam Footage Dictates Your Criminal Liability
In South Korea, almost every vehicle is equipped with a dashcam (Black-box). This footage provides objective evidence regarding:
Whether the center line was actually crossed.
Traffic signal timing.
The speed and behavior of both drivers at the time of impact.
Without footage, the investigation relies heavily on the other party’s testimony—which can be problematic if they are exaggerating their injuries. Immediately after any accident, you should:
Backup your dashcam footage immediately (files can be overwritten quickly).
Take detailed photos of the scene and vehicle positions.
Keep a record of all insurance company notifications.
Document any conversations with the other driver.
4. Even "Small" Accidents Carry Big Risks
It is not uncommon for someone to feel fine at the scene but be hospitalized for long-term treatment days later.
We have seen cases where a driver’s bumper slightly crossed the center line while parking in a tight spot. A minor contact occurred, but because the other driver claimed pelvic pain and checked into a hospital, the driver faced criminal liability. Regardless of the physical damage to the cars, if an injury claim is involved, it becomes a criminal matter.
Avoid impulsive "on-the-spot" settlements without documentation.
Monitor whether the other party has submitted a medical certificate.
Consult with legal experts before your first police interview.
Assuming that insurance will "handle everything" is a dangerous mistake that can leave you vulnerable to unforeseen criminal risks.
5. Traffic Violations and Your Residency Status
For foreign nationals, criminal defense and immigration status are closely interconnected. A criminal conviction—even a fine—stays on your record and triggers a review by the Immigration Office.
SugarSquare Law & Advisors ensures that your traffic case is handled with your visa status in mind. We provide a dual-track strategy: defending you against criminal charges while simultaneously mitigating risks to your immigration status.
📌 You should seek a consultation if:
You were involved in an accident involving a center line or signal violation.
The other party has submitted a medical certificate for injuries.
You have been contacted by the police for a criminal statement.
You are worried about how a traffic fine will impact your visa renewal.
Strategic early intervention is the most effective way to prevent a minor mistake from resulting in a permanent criminal record.
FAQ |
Q1. Does every traffic accident lead to criminal liability?
A: No. However, if a "Major Traffic Violation" (like crossing the center line) occurs and the other party is injured, criminal proceedings are likely.
Q2. Can I be prosecuted if I only crossed the center line by a tiny margin?
A: Yes. If the crossing is deemed a cause of the accident, the degree of the violation doesn't matter as much as the fact that the violation occurred.
Q3. Does a traffic-related fine count as a criminal record?
A: Yes. Fines in South Korea are criminal penalties. For foreigners, this can result in an immigration review during visa or residency applications.
