A car driver injured someone in a traffic accident, and the victim stated they do not want the driver punished. In which two cases can the driver still be prosecuted? Select TWO
Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents bars prosecution against the victim's wishes, but the 12 items listed in its proviso are exceptions. For speeding, check exactly how many km/h over the limit makes it an exception.
Answer: ①, ④
Explanation
Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents bars prosecution against the victim's express wishes in negligent injury cases, but this does not apply to the 12 listed exceptions. Driving more than 20 km/h over the limit (item 3) and failing to protect pedestrians at a crosswalk (item 6) are among them. Exceeding the limit by 10 km/h and failing to keep a safe distance are not on the list (absent hit-and-run, alcohol test refusal, etc.).
Legal basis: 교통사고처리특례법 제3조 제2항 단서 제3호·제6호