A 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
As a rule, no prosecution can 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. Distinguish whether the cause is actually on that list or is simple carelessness that is not.
Answer: ②, ③
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 crossing, U-turning or reversing on an expressway (item 2) or from driving onto a sidewalk or crossing it improperly (item 9). A door-opening accident or rear-ending a car due to inattention is not listed, so prosecution is not possible if the victim does not want punishment.
Legal basis: 교통사고처리특례법 제3조 제2항 단서 제2호·제9호