Drunk Driving, Unlicensed, Hit-and-Run Accidents... No More Insurance Claims Allowed

On the night of the 25th, police were conducting a drunk driving crackdown at the entrance ramp to the Busan direction of Seocho IC in Seoul. Photo by Moon Honam munonam@

[Asia Economy Reporter Oh Hyung-gil] The 30-year-old driver involved in the 'Incheon Eulwangri Drunk Driving Fatal Accident' that sparked public outrage last September was sentenced to a heavy prison term, while the 40-year-old passenger received a suspended sentence.

On the 1st, at the sentencing trial held by the Incheon District Court Criminal Division 3 (Presiding Judge Kim Ji-hee), A (35, female), who was detained and prosecuted on charges of violating the Act on the Aggravated Punishment of Specific Crimes (dangerous driving causing death) and the Road Traffic Act (drunk driving), was sentenced to five years in prison.

Additionally, the passenger B (47, male) was prosecuted for violating the Act on the Aggravated Punishment of Specific Crimes (dangerous driving causing death) and aiding drunk driving under the Road Traffic Act, but was only found guilty of aiding and was sentenced to six months in prison with a two-year suspension.

As social awareness regarding accidents caused by drunk driving changes, punishments are becoming stricter. Going forward, responsibility for serious violations related to car accidents caused by drunk driving will be significantly strengthened. In cases involving drunk driving, unlicensed driving, or hit-and-run accidents, perpetrators can be held liable for the full amount of insurance payouts, and drug or substance-impaired driving will also be subject to accident burden charges.

The Ministry of Land, Infrastructure and Transport announced on the 25th of last month, as a follow-up to the '2021 Traffic Accident Fatality Reduction Measures' jointly announced with related ministries, that it will promote improvements to the automobile insurance system incorporating these measures.

First, in cases of drunk driving, unlicensed driving, and hit-and-run accidents, insurance companies will be able to seek full reimbursement of insurance payouts made to victims from the perpetrators. Accident burden charges are designed to raise awareness of serious legal violations by allowing partial recovery of insurance payouts.

Previously, the government raised the accident burden charge for drunk driving in mandatory insurance from 3 million KRW to 10 million KRW for bodily injury, and from 1 million KRW to 5 million KRW for property damage.

Furthermore, the Ministry of Land, Infrastructure and Transport plans to amend the Automobile Damage Compensation Guarantee Act to set the upper limit of accident burden charges as the 'full amount of insurance payouts.' Henceforth, perpetrators causing accidents through serious violations such as drunk driving will inevitably face severe financial consequences.

On the night of the 25th, police conducted a drunk driving crackdown at the entrance to the Busan-bound lane of Seocho IC in Seoul. Photo by Moon Honam munonam@

The current scope of accident burden charges will be expanded to include 'drug and substance-impaired driving.'

Last September in Haeundae, Busan, A, who was driving under the influence of drugs and hallucinating, collided with two passenger cars and fled at high speed, causing a seven-car chain collision.

Approximately 810 million KRW in insurance payouts were made to compensate nine injured parties, but the offending driver did not pay any accident burden charges. This incident prompted the government to add drug and substance-impaired driving to the scope of accident burden charges to raise awareness.

A plan to restrict the perpetrator's claim for repair costs in cases of the 12 major serious violations is also being pursued. The 12 major serious violations include signal violations, crossing the center line, speeding, illegal overtaking, railroad crossing violations, pedestrian crossing violations, unlicensed driving, drunk driving, sidewalk intrusion, door opening accidents, school zone violations, and cargo securing violations.

The Ministry of Land, Infrastructure and Transport is working on a measure to prohibit perpetrators from claiming repair costs from the other party in accidents caused by these 12 major serious violations. However, according to the Automobile Damage Compensation Guarantee Act, in cases involving personal injury, treatment costs must be fully compensated without applying comparative negligence.

The strengthening of accident burden charges for drunk driving and the addition of drug-related offenses to the scope of accident burden charges are expected to be implemented as early as the second half of this year. The restriction on perpetrators' claims for repair costs in cases of the 12 major serious violations is planned to be proposed as a legislative amendment within the first half of this year.

This content was produced with the assistance of AI translation services.