Seoul: 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 decision was made unanimously last Thursday following a petition submitted by a man indicted in August 2018 for drunk driving after having received suspended prison terms for similar offenses in January 2015 and November 2017.
According to Yonhap News Agency, the petitioner questioned the constitutionality of Article 148-2 Paragraph 1 of the old Road Traffic Act, which mandates harsher punishments for offenders caught drunk driving three or more times. This provision, revised in March 2018, calls for a prison sentence of one to three years or a fine ranging from 5 million (US$3,400) to 10 million won for third and subsequent drunk driving offenses.
The court maintained that the aggravated punishment for drunk driving does not breach the principle of proportionality between responsibility and punishment. It emphasized that individuals who have violated the drunk driving ban three or more times demonstrate a significant lack of responsibility in adhering to traffic laws and maintaining safety as participants on the road.