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SEOUL, Dec. 1 (Korea Bizwire) — The Constitutional Court has ruled that a legal provision imposing aggravated penalties for violating the drunk driving ban three or more times is not unconstitutional, court officials said Monday.
The court made the ruling unanimously last Thursday in response to a petition filed by a man who was indicted in August 2018 for drunk driving after being sentenced to suspended prison terms for drunk driving in January 2015 and November 2017, respectively.
In the petition, the man questioned the constitutionality of Article 148-2 Paragraph 1 of the old Road Traffic Act, which stipulates increased punishment for those caught drunk driving three or more times.
The Constitutional Court in Seoul (Image courtesy of Yonhap)
The legal provision, which calls for a prison sentence of one to three years or a fine of 5 million (US$3,400) to 10 million won for third and subsequent drunk driving offenses, was revised in March 2018 to impose aggravated penalties for drunk drivers who are caught more than twice.
The court ruled that the aggravated punishment provision for drunk driving does not violate the principle of proportionality between responsibility and punishment.
“Those who have violated the drunk driving ban three or more times are significantly lacking in a sense of responsibility for complying with traffic laws and safety awareness as a traffic participant,” the court said.
(Yonhap)
