A person whose driver's license is suspended drove a car and injured a pedestrian. The victim does not want the driver punished, and the car has comprehensive insurance. Which statement is correct?
The Act on Special Cases Concerning the Settlement of Traffic Accidents makes driving without a license an exception allowing prosecution, and it separately defines what counts as being unlicensed (proviso to Article 3(2), item 7). Also check whether the victim's wishes and the comprehensive insurance special case still apply to this exception (Article 4(1)).
Answer: ④
Explanation
Item 7 of the proviso to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents makes driving without a license an exception, and it treats driving while the license is suspended or driving is prohibited as unlicensed. Under Article 4(1)1, the insurance special case also does not apply to cases under that proviso, so prosecution is possible regardless of the victim's wishes or insurance.
Legal basis: 교통사고처리특례법 제3조 제2항 단서 제7호, 제4조 제1항 제1호