Even when a violation is proven on video, in which two cases can an administrative fine NOT be imposed on the vehicle's employer/owner under Article 160(3) of the Road Traffic Act? Select TWO
The administrative fine on an employer or owner exists for cases where the driver cannot be punished, so it is excluded when the employer cannot fairly be held responsible or when the driver has already been punished (Article 160(4) of the Road Traffic Act). Distinguish whether video proof is a requirement for the fine or a reason for exemption.
Answer: ②, ④
Explanation
Article 160(4) of the Road Traffic Act says no administrative fine may be imposed on the employer/owner when, among other cases, the vehicle was stolen or there was another unavoidable reason, or the driver was punished or received a traffic penalty notice for that violation. Photo evidence is actually a condition for imposing the fine, and the owner merely not driving the car often does not exempt them.
Legal basis: 도로교통법 제160조 제4항