Constitutional Court Rules "Aggravated Punishment for Assault and Injury of Public Transportation Drivers is Constitutional"

[Asia Economy Reporter Baek Kyunghwan] The Constitutional Court has ruled that the legal provision imposing heavier penalties for assaulting public transportation drivers does not violate the Constitution.

On the 3rd, the Constitutional Court announced that it unanimously upheld the constitutionality of Article 5-10, Paragraph 2 of the Act on the Aggravated Punishment of Specific Crimes, which stipulates imprisonment of three years or more for injuring a driver by assault, in a constitutional review filed on the grounds that it violates the principle of equality.

Mr. A was sentenced to 1 year and 6 months in prison with a 3-year probation after assaulting a driver inside a temporarily stopped taxi last December.

Mr. A filed a constitutional complaint, arguing that "a taxi that is temporarily stopped poses much less risk and infringement on protected legal interests compared to a bus with passengers or a vehicle in actual operation," and that "punishing both equally with imprisonment without distinction is harsh and violates the principles of proportionality and equality."

However, the Constitutional Court pointed out that "even if there are no other passengers, there is no difference from the case where passengers are on board, considering the possibility of endangering the safety of pedestrians and other citizens and disrupting traffic order." Furthermore, it judged that "even a temporarily stopped taxi is scheduled to continue operation, so assault or threats against the driver can sufficiently lead to accidents," and it is difficult to differentiate the risk of assaulting drivers based on whether the vehicle is in operation or not.

This content was produced with the assistance of AI translation services.