Which is NOT a case where a driver who injured someone in a traffic accident can be prosecuted regardless of the victim's wishes?
Exceptions allowing prosecution are limited to refusing an alcohol test and the 12 items in the proviso to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. Remember that everything on the list is a specific violation at the time of the accident, and check whether each option is such a violation.
Answer: ③
Explanation
The proviso to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents lists refusing an alcohol test (unless the driver requested or agreed to a blood test), violating a safety sign such as one ordering a temporary stop (item 1), and driving under the influence of drugs (item 8) as cases that can be prosecuted regardless of the victim's wishes. Having little driving experience is not listed, so that alone does not allow prosecution if the victim does not want punishment.
Legal basis: 교통사고처리특례법 제3조 제2항 단서 본문·제1호·제8호