A passenger car driver injured someone in a traffic accident, and the victim does not want the driver punished. Which two accident causes still allow prosecution? (The driver aided the victim and complied with the alcohol test) Select TWO
In principle, no prosecution may be brought if the victim does not want the driver punished, but the 12 items in the proviso to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents are exceptions. Do not just memorize the well-known items like running a red light or crossing the centerline; check all 12.
Answer: ②, ④
Explanation
The proviso to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents allows prosecution regardless of the victim's wishes when an injury results from violating railroad-crossing rules (item 5) or the duty to prevent passengers from falling (item 10). Not using a turn signal or reversing in a parking lot are not listed, so prosecution is not possible if the victim does not want punishment.
Legal basis: 교통사고처리특례법 제3조 제2항 단서 제5호·제10호