{"id":558,"date":"2022-01-10T16:31:00","date_gmt":"2022-01-10T08:31:00","guid":{"rendered":"https:\/\/demo.creativethemes.com\/blocksy\/business\/?p=555"},"modified":"2023-04-04T18:22:48","modified_gmt":"2023-04-04T10:22:48","slug":"drunkdriving","status":"publish","type":"post","link":"https:\/\/fdlaw.com.tw\/en\/blog\/drunkdriving\/","title":{"rendered":"The penalties related to the death of a Korean female international student killed by a drunk driver are unconstitutional! ? Lawyer Li Yusheng explains drunk driving laws"},"content":{"rendered":"<div class=\"wp-block-qubely-image qubely-block-31a5be\"><div class=\"qubely-block-image  qubely-image-layout-simple\"><div class=\"qubely-image-media qubely-vertical-alignment-center qubely-horizontal-alignment-center\"><figure><div class=\"qubely-image-container\"><img decoding=\"async\" class=\"qubely-image-image\" src=\"https:\/\/fdlaw.com.tw\/wp-content\/uploads\/2020\/08\/\u674e\u80b2\u6607\u5f8b\u5e2b2.jpg\" alt=\"\u674e\u80b2\u6607\u5f8b\u5e2b\u89e3\u8aaa\u9152\u99d5\u6cd5\u5f8b\" title=\"\"><\/div><\/figure><\/div><\/div><\/div>\n\n\n\n<p>Yilin Tsang, a Taiwanese student studying for a PhD in South Korea, was hit and killed by a drunk driver named Jin in Seoul, South Korea in November 2019. This was the third time that the man named Jin was arrested for drunk driving. After the case was heard by a South Korean court, the first-instance court determined that Jin Nan was a repeat offender of drunk driving and was sentenced to 8 years in prison. The second-instance court in South Korea upheld the original verdict. However, according to relevant reports from Yonhap News Agency, the Supreme Court of South Korea determined on November 30 that the provisions cited in the original first and second instance judgments violated the Korean Constitution, and therefore sent the case back to the Seoul Central District Court for retrial.<\/p>\n\n\n\n<p>The Supreme Court of South Korea stated that in the first and second instance judgments of the man surnamed Kim, special crimes were cited to increase criminal liability and the Road Traffic Act was combined for sentencing. However, this provision was unconstitutional and was therefore remanded for retrial.<\/p>\n\n\n\n<p>Zeng Yilin\u2019s father, Zeng Qinghui, said that he and his wife were heartbroken and tired when they heard the verdict of the Supreme Court of South Korea. The couple held their baby daughter like pearls in their hands. The golden man drove drunk and killed another person continuously, but the Supreme Court of South Korea... It is really unacceptable to believe that heavy sentences for consecutive drunk driving are unconstitutional.<\/p>\n\n\n\n<h2 class=\"wp-block-heading has-medium-font-size\" id=\"\u674e\u80b2\u6607\u5f8b\u5e2b\u89e3\u8aaa\">Lawyer Li Yusheng explains<\/h2>\n\n\n\n<p>British JD with expertise in international law<a href=\"https:\/\/www.facebook.com\/fudalawyer\" target=\"_blank\" rel=\"noreferrer noopener\">Lawyer Li Yusheng<\/a>He said that the original Korean law would impose heavier penalties for repeat offenders of drunk driving, but there is no clear definition of &quot;recidivist&quot; in this article. In other words, if the time between two drunk driving behaviors is very long, then the person&#039;s second drunk driving offense will be punished. South Korea\u2019s Constitutional Court held that there was no doubt whether the two drunk driving behaviors should be punished with aggravated punishment. Therefore, in the case of a Korean female international student, the Supreme Court of South Korea revoked the original judgment of aggravated punishment and remanded the case for a new trial.<\/p>\n\n\n\n<p><a href=\"https:\/\/fdlaw.com.tw\/en\/\" target=\"_blank\" rel=\"noreferrer noopener\">Lawyer Li Yusheng<\/a>He further stated that it is a trend in various countries to impose stricter penalties for drunk driving, but the formulation of laws still needs to be more comprehensive and clarify various drunk driving crimes and penalties, in order to make the legal system more sound and more able to achieve The purpose of deterring drunk driving crimes. In Taiwan, according to<a href=\"https:\/\/law.moj.gov.tw\/LawClass\/LawSingle.aspx?pcode=C0000001&amp;flno=185-3\" target=\"_blank\" rel=\"noopener\">Criminal Code Article 185-3<\/a>According to the provisions of the regulations, if a drunk driver is convicted or sentenced to suspended prosecution, and the crime of Paragraph 1 is committed again within five years and thus causes death, he shall be sentenced to life imprisonment or fixed-term imprisonment of not less than five years; if he causes serious injury, he shall be sentenced to not less than three years and ten years. Imprisonment of not more than 1 year. Taiwan&#039;s law clearly stipulates a five-year time limit for the definition of recidivism. Therefore, the law is relatively clear and there should be no unconstitutional problems currently encountered in South Korea. However, the law is not omnipotent. How to discuss the issue of drunk driving from various aspects such as education and publicity with the goal of addressing the root cause also requires everyone&#039;s brainstorming.<\/p>\n\n\n\n<p><\/p>\n\n\n\n<p>Article link:<a href=\"https:\/\/twnewshub.com\/archives\/24932\" target=\"_blank\" rel=\"noreferrer noopener\">https:\/\/twnewshub.com\/archives\/24932<\/a><\/p>","protected":false},"excerpt":{"rendered":"<p>A Taiwanese female international student was killed in a drunk driving car accident in South Korea. The South Korean court sentenced the perpetrator to 8 years in prison in the first and second trials. However, in the third trial, the South Korean Constitutional Court found that the law applicable to the case was unconstitutional, so the original judgment was revoked and remanded. During the review, lawyer Li Yusheng explained the differences between Korean law and Taiwanese law and raised issues.<\/p>","protected":false},"author":1,"featured_media":582,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"qubely_global_settings":"","qubely_interactions":"","footnotes":""},"categories":[119,77],"tags":[22,125,124],"class_list":["post-558","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","category-taipei-criminal-lawyer","tag-22","tag-125","tag-124"],"blocksy_meta":{"styles_descriptor":{"styles":{"desktop":"","tablet":"","mobile":""},"google_fonts":[],"version":6}},"qubely_featured_image_url":{"full":["https:\/\/fdlaw.com.tw\/wp-content\/uploads\/2020\/08\/\u674e\u80b2\u6607\u5f8b\u5e2b2.jpg",1280,916,false],"landscape":["https:\/\/fdlaw.com.tw\/wp-content\/uploads\/2020\/08\/\u674e\u80b2\u6607\u5f8b\u5e2b2-1200x750.jpg",1200,750,true],"portraits":["https:\/\/fdlaw.com.tw\/wp-content\/uploads\/2020\/08\/\u674e\u80b2\u6607\u5f8b\u5e2b2-540x320.jpg",540,320,true],"thumbnail":["https:\/\/fdlaw.com.tw\/wp-content\/uploads\/2020\/08\/\u674e\u80b2\u6607\u5f8b\u5e2b2-150x150.jpg",150,150,true],"medium":["https:\/\/fdlaw.com.tw\/wp-content\/uploads\/2020\/08\/\u674e\u80b2\u6607\u5f8b\u5e2b2-300x215.jpg",300,215,true],"medium_large":["https:\/\/fdlaw.com.tw\/wp-content\/uploads\/2020\/08\/\u674e\u80b2\u6607\u5f8b\u5e2b2-768x550.jpg",768,550,true],"large":["https:\/\/fdlaw.com.tw\/wp-content\/uploads\/2020\/08\/\u674e\u80b2\u6607\u5f8b\u5e2b2-1024x733.jpg",1024,733,true],"1536x1536":["https:\/\/fdlaw.com.tw\/wp-content\/uploads\/2020\/08\/\u674e\u80b2\u6607\u5f8b\u5e2b2.jpg",1280,916,false],"2048x2048":["https:\/\/fdlaw.com.tw\/wp-content\/uploads\/2020\/08\/\u674e\u80b2\u6607\u5f8b\u5e2b2.jpg",1280,916,false],"trp-custom-language-flag":["https:\/\/fdlaw.com.tw\/wp-content\/uploads\/2020\/08\/\u674e\u80b2\u6607\u5f8b\u5e2b2.jpg",18,12,false],"qubely_landscape":["https:\/\/fdlaw.com.tw\/wp-content\/uploads\/2020\/08\/\u674e\u80b2\u6607\u5f8b\u5e2b2-1200x750.jpg",1200,750,true],"qubely_portrait":["https:\/\/fdlaw.com.tw\/wp-content\/uploads\/2020\/08\/\u674e\u80b2\u6607\u5f8b\u5e2b2-540x320.jpg",540,320,true],"qubely_thumbnail":["https:\/\/fdlaw.com.tw\/wp-content\/uploads\/2020\/08\/\u674e\u80b2\u6607\u5f8b\u5e2b2-140x100.jpg",140,100,true]},"qubely_author":{"display_name":"\u53f0\u5317\u5f8b\u5e2b\u63a8\u85a6","author_link":"https:\/\/fdlaw.com.tw\/en\/author\/admin\/"},"qubely_comment":0,"qubely_category":"<a href=\"https:\/\/fdlaw.com.tw\/en\/blog\/category\/news\/\" rel=\"category tag\">\u5a92\u9ad4\u5831\u5c0e<\/a> <a href=\"https:\/\/fdlaw.com.tw\/en\/blog\/category\/taipei-criminal-lawyer\/\" rel=\"category tag\">\u5211\u6cd5\u53ca\u5211\u4e8b\u8a34\u8a1f<\/a>","qubely_excerpt":"\u53f0\u7063\u5973\u7559\u5b78\u751f\uff0c\u5728\u97d3\u570b\u906d\u9152\u99d5\u8eca\u798d\u649e\u6b7b\uff0c\u97d3\u570b\u6cd5\u9662\u4e00\u4e8c\u5be9\u5224\u8655\u8087\u4e8b\u80058\u5e74\u6709\u671f\u5f92\u5211\uff0c\u4f46\u81f3\u7b2c\u4e09\u5be9\u6642\uff0c\u97d3\u570b\u61b2\u6cd5\u6cd5\u5ead\u8a8d\u5b9a\u8a72\u6848\u4ef6&hellip;","_links":{"self":[{"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/posts\/558","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/comments?post=558"}],"version-history":[{"count":13,"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/posts\/558\/revisions"}],"predecessor-version":[{"id":3186,"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/posts\/558\/revisions\/3186"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/media\/582"}],"wp:attachment":[{"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/media?parent=558"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/categories?post=558"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fdlaw.com.tw\/en\/wp-json\/wp\/v2\/tags?post=558"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}