The purpose of this article is to explore the lawfulness and conkret problem of 'The special law for traffic accident treatment'(hierafter The Law) and to present the rational judical measures to improve law enforcement. The Law is made and performed under the aim of punishment-exeption of offender and promoting promptly restoration of victim. Nevertheless, this aim might be hard to achieve. The reason for that come from theoretically and practically aspect. One is 'no punishment against victim's will', for that the victim hardly receive effective protect under the provision. And on the other hand, the punishment-execption result in weakness of abiding by law awareness.
This article analyze particularly critical and present a guideline for the criminal treatment against traffic accident. As a result, in principle, the treatment of offender is regulated not special law, but criminal law. The Crime types related to 'no punishment against victim's will' should be strictly defined. Moreover, specified treatment is required according to individual act type.