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ED Decision of unconstitutionality

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Overturn of law no signal of tolerance on drunk driving

The Constitutional Court ruled against the revised Road Traffic Act last Thursday that called for the additional punishment of repeat drunk drivers. Since its amendment in 2018, the clause has drawn public backlash for sentencing recidivists to up to five years in jail or 20 million won ($16,800) in fines. The court said that the amendment failed to consider the graveness of the offense or set a time limit. However, it is worrying that the decision on unconstitutionality might weaken public awareness of driving under the influence of alcohol (DUI).

The tribunal ruled that the clause violated the principle of proportionality between responsibility and punishment. It noted that it is hardly reasonable to label a repeat drunk-driving offender as a lethal risk to the community's safety without even setting a time restriction. It pointed out that DUI offenses have varying degrees of risk depending on a driver's record, blood alcohol level and vehicle type. “Aggravated punishment of repeat drunk drivers may live up to the people's legal sentiment, but could undermine the stability of law and order,” the court added.

Such an explanation makes sense because the decision was for a more stable and fairer application of the law. However, the ruling was more than a little disappointing, not least because a fine was stipulated as an optional penalty in the revision. Also, in a trial, a probation or suspended sentence is possible considering sentencing factors. The clause has played a significant role in promoting motorists' awareness of drunk driving. Therefore, it is worrying that the court's decision might give the wrong signal to drivers that it does not make much of a distinction between first-time offenders and recidivists.

The judiciary branch also expects the verdict of unconstitutionality would bring about considerable changes in the investigation and trial of DUI offenses. The prosecution and the police should thoroughly analyze the court's decision and complement the current rule's shortcomings. Especially urgent is the preparation of regulations to punish habitual offenders. Judges also ought to apply their sentencing on repeat offenders as strictly as possible.