The method of proving the purchase of an insurance policy under the Act on Special Cases concerning the Settlement of Traffic Accidents that caused a traffic accident.

In a case where a vehicle that caused a traffic accident is insured under Article 4 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, it is a practice that the driver submits an insurance coverage certificate stating the party to the accident, the vehicle involved, the date and time of the accident, the place of the accident, the maximum amount of compensation for the large person and the phrase that the insurance company proves it, in order to prove the above insurance coverage free of charge, the written statement under Article 4 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents is sufficient if the purport of the insurance is stated in Article 4 (2) of the same Act, and there is no ground to view that the driver is obligated to submit such written statement.

Article 4 of the Act on Special Cases concerning Traffic Accident Settlement

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant)

Defendant

Prosecutor

Seoul Criminal Court Decision 92No1521 delivered on June 2, 1992

The appeal is dismissed.

The Prosecutor's grounds of appeal are examined.

In full view of the provisions of relevant Acts and subordinate statutes such as Article 4 (1), (2), (3), and Article 5 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter referred to as the "Act"), the court below held that in case where a vehicle causing a traffic accident has purchased an insurance policy under Article 4 (2) of the Act, it is not possible to institute a public action against the driver of the relevant vehicle only on the ground that it does not constitute an exceptional reason under the proviso of Article 4 (1) of the Act, and that in case where the vehicle which caused the traffic accident has purchased the insurance policy under Article 4 (2) of the Act, it is not possible to institute a public action against the driver of the relevant vehicle. The court below held that in order to prove the insurance policy free of charge, it is a practice that the driver submits a certificate of insurance policy under Article 4 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter referred to as the "Act"), if the written statement stated the purport of the insurance policy under Article 4 (2) of the same Act, it is sufficient.

Therefore, the prosecutor's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Jae-ho (Presiding Justice)