My car and car B collided at an intersection. The more serious violation causing the accident was mine, and it was not force majeure or the other side's clear fault. The doctor diagnosed driver B as needing 10 days of treatment and me as needing 4 weeks. Counting only the accident-result points (not the violation points), which is correct?
In a collision between vehicles, accident-result demerit points are applied only to the driver with the more serious violation, and the penalized driver's own injuries are not counted (Appendix 28, 3.B Notes of the Enforcement Rule of the Road Traffic Act). Also check whether the other person's injury is serious or minor.
Answer: ②
Explanation
Under note 3 to Annex 28, 3.B.(1) of the Enforcement Rule, in a vehicle-to-vehicle accident the points apply only to the driver who committed the more serious violation, so driver B gets no accident-result points. Under note 4, the penalized driver's own injuries are not counted, so my 4-week injury (serious, 15 points) is excluded, while B's 10-day treatment is a minor injury (5 days to under 3 weeks) worth 5 points per person. So only I get 5 points.
Legal basis: 도로교통법 시행규칙 별표28 3. 나. (1) 및 비고 3·4