The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is the victim of the instant traffic accident, which led to the paralysis of a dead site due to the instant traffic accident, and the occurrence of obstacles to surgery and long-term rehabilitation treatment, thereby causing considerable and serious obstacles to daily life, such as walking.

This is an injury among the provisions of Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

2. Determination

A. As a result of a traffic accident, a victim who is to become a plant human being or live in a serious non-permanent or incurable disease as a result of a serious traffic accident does not infringe his/her right to life, but has physical or mental suffering to the extent that the victim’s right to life is not infringed, and the victim’s mental and economic suffering cannot be said to be achieved due to his/her impossibility of living in a normal life. As such, the illegality of the result is smaller than the death accident.

It shall not be readily concluded.

Therefore, if the victim suffers serious injury unlike the death of the victim due to a traffic accident, and the victim's right to make a statement in the trial procedure is restricted, it shall be treated as discrimination without reasonable grounds (see Constitutional Court Decision 764Hun-Ma764, 2008Hun-Ma118, Feb. 26, 2009). In this regard, Article 4(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents provides that even if the vehicle that caused the traffic accident is subscribed to a comprehensive insurance, etc., if the victim suffers danger to his/her life due to physical injury, becomes unusable, or suffers from the incurable or incurable disease, the prosecution may be instituted.

When considering the purport of the above provision and the balance with the “where an incurable or incurable disease occurs”, the meaning of “unexplic” under Article 4(1)2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents refers to cases where significant parts in the external appearance of a body body are cut off or damaged and the function is lost.