DMB broadcasting has become part of driving despite distractions it gives to drivers but a recent court decision is seen as a stamp of approval on this unwise driving habit. / Korea Times File Photo |
Ruling Under Fire for Encouraging Drivers to Be Distracted at Risk of Traffic Accidents
By Park Si-soo
Staff Reporter
A Seoul court Sunday handed down a ruling invalidating a fine slapped on a taxi driver who had been caught driving while watching television via onboard satellite digital multimedia broadcasting or S-DMB.
The verdict is considered controversial because it is as good as giving the green light to the risky practice that has been proven through scientific studies to threaten the safety of not only car drivers but also passengers and pedestrians.
The judgment is also in stark contrast to a bill aimed at banning the use of DMB and mobile phones in a moving vehicle, which is pending at the National Assembly.
The Seoul Administrative Court ordered a ward office to cancel a fine of 600,000 won ($510) levied on a private taxi driver, identified by his surname Kim.
"The government has no legal ground to impose a fine, meaning the punishment of Kim was illegal," presiding Judge Lee Jin-man said in the ruling, citing a special law enacted in June 1993.
In 1961, a law empowering mayors and provincial governors to amend regulations on public transportation services for better services took effect. Based on this, Seoul City enacted an ordinance that bans the use of DMB while operating a car in March 2008.
But another special law with higher legal status than the regular one took effect in 1993, banning the government's arbitrary amendment of rules on public transportation services.
It was initiated at that time as part of the government's business-friendly efforts by granting more autonomy to private firms including public transportation service providers.
"The punishment imposed based on the 1961 law goes against the special law, which is in itself illegal," the judge said.
Many experts and drivers are raising concern over possible side effects stemming from the ruling. They say watching DMB behind the wheel is extremely risky, and thus should be prohibited.
Shin Dong-young, 32, a skilled driver with no accident over the past ten years, said, "Watching DMB behind the wheel is much more risky than using a cell phone."
"Driver's sight and attention are easily distracted by DMB," Shin said. "Cell phones may disrupt a drivers' concentration and hamper swift reactions. But DMB is much worse."
According to a recent study by the Samsung Traffic Safety Research Institute, watching DMB halves drivers' concentration. The study also found concentration dropped by more than 40 percent when chatting on the phone behind the wheel.
Police say DMB is emerging as a major culprit behind an increase in the number of car accidents.
The National Police Agency estimates more than 113 car accidents around the country in the first seven months of the year were linked to DMB watching. Three people were killed and 176 were injured in the accidents. Last year, 200 incidents presumed to be linked to DMB use claimed two lives and injured 351, police said,
In response, Rep. Kong Sung-jin of the ruling Grand National Party last month proposed a bill banning the use of DMB and cell phones while driving a car. If endorsed, violators will face a fine of up to 300,000 won. The bill also includes the introduction of software making it impossible for drivers to watch TV or other visual content using DMB on the road.
"A nationwide campaign aimed at raising public awareness of the risk of DMB use should go with the regulation," Kong said in a statement.
The Korea Radio Promotion Association said more than 21.55 million DMB devices had been sold in the first half of the year, and of them 28.2 percent or 6.07 million are only for cars.
The court ruling also came at a time when the United States and other advanced countries are trying to suppress the use of mobile phones for calls or text-messaging because statistics show such distractions cause a significantly increased risk of accidents.
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