Supreme Court confirms application of ‘special price law’ for kickboard drivers
The Supreme Court ruled that a driver who crashed into a pedestrian while driving an electric kickboard while intoxicated, causing injury and death, is subject to aggravated punishment of up to 15 years in prison, just like a car driver.
According to the legal community recently, on the 29th of last month, the first division of the Supreme Court (Chief Justice Park Jeong-hwa) confirmed the lower court's sentence of a fine of 7 million won to Mr. A, who was indicted on charges of violating the Aggravated Punishment Act for Specific Crimes (causing death by dangerous driving).
In October 2020, while driving an electric kickboard while drunk, Mr. A hit a woman in her 60s who was approaching her, causing injuries equivalent to two weeks of displacement. At the time, Mr. A's blood alcohol level was 0.144% of the license revocation level.
The first trial found Mr. A guilty of causing death by dangerous driving under Article 5, Article 11 of the Special Price Act and sentenced him to a fine of 7 million won.
The special law stipulates that if a drunk driver causes injury or death to a victim, he or she will be punished by imprisonment for not less than 1 year but not more than 15 years or a fine of not more than 30 million won. The target of application is indicated as ‘persons who drive automobiles, including motorized bicycles.’
[syncopation]
The Supreme Court also dismissed Mr. A's appeal, saying that the original trial's judgment did not err in misunderstanding the legal principles regarding ‘conditions that make normal driving difficult’ and ‘injury’ under Article 5-11, Paragraph 1 of the old Aggravated Crime Act.
The Supreme Court ruled that a driver who crashed into a pedestrian while driving an electric kickboard while intoxicated, causing injury and death, is subject to aggravated punishment of up to 15 years in prison, just like a car driver.
According to the legal community recently, on the 29th of last month, the first division of the Supreme Court (Chief Justice Park Jeong-hwa) confirmed the lower court's sentence of a fine of 7 million won to Mr. A, who was indicted on charges of violating the Aggravated Punishment Act for Specific Crimes (causing death by dangerous driving).
In October 2020, while driving an electric kickboard while drunk, Mr. A hit a woman in her 60s who was approaching her, causing injuries equivalent to two weeks of displacement. At the time, Mr. A's blood alcohol level was 0.144% of the license revocation level.
The first trial found Mr. A guilty of causing death by dangerous driving under Article 5, Article 11 of the Special Price Act and sentenced him to a fine of 7 million won.
The special law stipulates that if a drunk driver causes injury or death to a victim, he or she will be punished by imprisonment for not less than 1 year but not more than 15 years or a fine of not more than 30 million won. The target of application is indicated as ‘persons who drive automobiles, including motorized bicycles.’
[syncopation]
The Supreme Court also dismissed Mr. A's appeal, saying that the original trial's judgment did not err in misunderstanding the legal principles regarding ‘conditions that make normal driving difficult’ and ‘injury’ under Article 5-11, Paragraph 1 of the old Aggravated Crime Act.
