CONTENTS
- 1. Assault Against a Driver, the Detailed Circumstances?
- - Assault Against a Driver, the Relevant Statutes and Precedents?
- 2. Assault Against a Driver, the Court's Determination?
- 3. Assault Against a Driver, Daeryun's Strategy?
1. Assault Against a Driver, the Detailed Circumstances?
The defendant who was brought to criminal trial for assault against a driver was a bus driver.
On the ground that A, a workplace colleague, had failed to greet him despite seeing him, the defendant boarded A's bus, which was stopped, grabbed and shook A by the collar several times, and struck A in the face several times, inflicting bodily injury requiring approximately three weeks of treatment.
The defendant argued that, at the time, the bus had been stopped at its terminal and that A had not made a temporary stop for passengers to board or alight but was resting after the run had ended, so he had not assaulted the driver of a bus that was ‘in operation’.
Assault Against a Driver, the Relevant Statutes and Precedents?
Assaulting a driver who operates a passenger car or a vehicle used for transportation business poses a serious danger not only to the assailant but also to everyone on the road, including other passengers, and is therefore punished severely under the 🔗Act on Aggravated Punishment of Specific Crimes.
▣ Act on Aggravated Punishment of Specific Crimes, Article 5-10 (Aggravated Punishment of Assault, etc. Against the Driver of a Vehicle in Operation)
(1) A person who assaults or threatens the driver of a vehicle in operation (including a case in which, while operating a vehicle used for the passenger transportation business, the driver makes a temporary stop for passengers to board or alight, etc.) shall be punished by imprisonment for not more than five years or by a fine not exceeding 20 million won.
(2) A person who commits the offense under paragraph (1) and thereby causes bodily injury to another shall be punished by imprisonment for a definite term of not less than three years, and where it causes death, by imprisonment for life or for not less than five years.
Where the harm to the aforementioned protected legal interest is not anticipated, such as an assault on a driver who has parked or stopped the vehicle without the intention of continuing to operate it in a place where there is no risk of impairing public traffic safety and order, the establishment of the above offense cannot be recognized. - See Supreme Court, Decision of December 11, 2008, 2008 Do 4375, and others |
2. Assault Against a Driver, the Court's Determination?
The court that heard the charge of assault against a driver found the defendant guilty, holding that, in this case, even while the bus was temporarily stopped, there was a risk of impairing traffic safety and order.
The court explained that “the concept of ‘in operation’ provided in Article 5-10 of the Act on Aggravated Punishment of Specific Crimes is broader than ‘driving’ under the Road Traffic Act, and even if the driver has made a temporary stop, the vehicle should be regarded as in operation where it is in a place that may impair public traffic safety and order, or where the driver has the intention to continue operating it.”
It was confirmed that the stop where the bus was standing at the time was the terminal of the route, that A had not gotten off the bus but was sitting in the driver's seat with the engine running, and that a passenger was boarding.
In addition, according to the dashcam footage, when the bus was stopped, an unspecified number of vehicles could be seen passing alongside it, so the court found that the defendant's assault presented a sufficient risk of impairing public traffic safety and order.
Accordingly, the court determined that the defendant's act constituted an assault on the driver of a vehicle in operation and sentenced him to one year and six months' imprisonment, suspended for two years.
3. Assault Against a Driver, Daeryun's Strategy?
In connection with assault against a driver, we analyzed a District Court judgment that imposed a suspended sentence (a suspended sentence under Korean law, broadly comparable to a suspended sentence or probation in common-law systems, under which the conviction loses its effect once the suspension period passes without incident) of imprisonment, holding that assaulting a victim who was sitting in the driver's seat with the engine running at the terminal of a bus route constituted assault on the driver of a vehicle in operation.
Assault against a driver while a vehicle is in operation is punished more severely than ordinary assault, because the act itself may cause a traffic accident and thereby threaten the safety of the driver, passengers, or pedestrians.
This offense is often charged in cases involving assaults on substitute (designated) drivers.
In such cases, denying the charge or asserting unfairness on the ground that the other party provoked the incident may lead the case to develop more unfavorably.
If you request a 🔗legal consultation with Daeryun Law Firm LLP, we will review evidence such as the vehicle's dashcam footage to clarify the facts, examine the elements of the offense, and then assist in gathering favorable evidence that can defend against the client's punishment.
