Which statement about Article 4 (special cases where insurance etc. is held) of the Act on Special Cases Concerning the Settlement of Traffic Accidents is NOT correct? (Insurance means the insurance or mutual aid defined in that Act)
If the driver has insurance or mutual aid coverage, no prosecution may be brought in principle, but the proviso to Article 4(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents sets out exceptions. Consider separately whether there was a serious violation, how severe the injury is, and whether the insurance actually remains in effect.
Answer: ①
Explanation
Under Article 4(1)3, if the insurance contract becomes void or is terminated, or the insurer's duty to pay disappears due to an exemption clause etc., the special rule does not apply and prosecution is possible. Being insured generally bars prosecution, but there are exceptions for the cases in the proviso to Article 3(2) (such as signal violations) and when the victim's life is endangered or the victim is left disabled.
Legal basis: 교통사고처리특례법 제4조 제1항