Man Assaulting Driver While Stopped Sentenced to Prison in First Trial Under Special Act

Man Sentenced to 1 Year 6 Months for Assaulting Driver Stopped at Intersection
Insulted and Hit Driver for Not Letting Him Merge
Charged with Assault on Driver under Special Act

"Does Not Apply to Drivers in Operation" Claim Rejected by Court

[Image source=Yonhap News]

[Asia Economy Reporter Lee Jung-yoon] A court has ruled that a man in his 50s who verbally abused and assaulted a driver stopped at an intersection should be charged with assaulting a driver under the Act on the Aggravated Punishment of Specific Crimes (Special Act).

The 12th Criminal Division of the Seoul Eastern District Court (Presiding Judge Park Sang-gu) announced on the 30th that it sentenced Mr. A, who was indicted on charges including assaulting a driver under the Special Act, to 1 year and 6 months in prison.

Mr. A was prosecuted for verbally abusing the victim for not allowing him to merge at an intersection in Seongdong-gu, Seoul, on the 21st, then opening the driver's door, grabbing the victim by the collar, and hitting his face.

After the assault, Mr. A returned to his vehicle but saw the victim getting out of the truck, approached again, grabbed the victim by the collar, and pushed him into the driver's seat. The victim also grabbed Mr. A’s collar and confronted him, and when Mr. A got into his vehicle and tried to leave the scene, the victim reported it to the police. At the time of the assault, surrounding vehicles were in operation, and the victim was found to have placed the truck’s gear shift in Park (P) and was stopped. The victim sustained injuries requiring about 180 days of treatment, including the period for implant placement.

During the trial, Mr. A’s side argued that the victim had opened the truck door first and was attempting to get out without the intention to drive, so he did not qualify as a "driver in operation." The current Special Act stipulates that anyone who assaults or threatens a driver operating a vehicle shall be punished by imprisonment of up to five years or a fine of up to 20 million won.

However, the court did not accept this argument. The court considered ▲ the location of the incident where many vehicles frequently pass, posing a sufficient risk to public traffic safety ▲ the victim had temporarily stopped at the intersection following a red light, with vehicles waiting in front and behind, requiring continuous driving when the signal changed ▲ the victim got out of the truck after being hit in the face, and judged that Mr. A qualifies as assaulting a driver in operation. The court also stated that if a vehicle is parked or stopped without the intention of continuous operation in a place where there is no risk of endangering public traffic safety, it should not be considered as "in operation."

The court stated, "Violence against drivers is a serious crime that can easily lead to major traffic accidents, causing severe human casualties and property damage," and added, "At the time of the incident, many vehicles were operating around both Mr. A’s and the victim’s vehicles, posing a risk of leading to a major traffic accident."

It continued, "Although the victim suffered physical injuries as well as severe mental humiliation and pain due to verbal abuse and assault, Mr. A made no effort to restore the victim’s damages, making a prison sentence inevitable," but added, "To provide an opportunity for damage recovery, Mr. A will not be detained in court."

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