Which statement about Article 3 of the Act on Special Cases Concerning the Settlement of Traffic Accidents is correct?
Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents sets the penalty, and Article 3(2) sets the special rule limiting prosecution according to the victim's wishes and its exceptions. Distinguish whether the special rule applies to injury or to death, and which cases are listed as exceptions.
Answer: ①
Explanation
Article 3(1) of the Act provides that a driver who commits negligent (or grossly negligent) homicide or injury through a traffic accident faces up to 5 years' imprisonment without labor or a criminal fine of up to 20 million won. The rule barring prosecution against the victim's wishes (paragraph 2) applies only to injury, not to fatal accidents. Fleeing without aiding the injured, and injuring a child by breaching duties in a school zone (item 11), are exceptions to that rule.
Legal basis: 교통사고처리특례법 제3조 제1항·제2항