A truck driver injured someone in a traffic accident, and the victim does not want the driver punished. Which two accident causes still allow prosecution regardless of the victim's wishes? (The driver aided the victim and complied with the alcohol test) Select TWO
The 12 exception items allowing prosecution (proviso to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents) include several violations beyond the well-known ones like signal violations and crossing the centerline. Check each option's cause against the list; even a real violation is not an exception if it is not on the list.
Answer: ①, ③
Explanation
Item 12 of the proviso to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents covers failing to secure cargo against falling, and item 4 covers violating the ban on cutting in, along with overtaking rules. Accidents caused by driving in the wrong designated lane or late use of lights are not among the 12 items, so prosecution is not possible if the victim does not want punishment.
Legal basis: 교통사고처리특례법 제3조 제2항 단서 제4호·제12호