'Jang Je-won's son' Jang Yong-jun excluded from Yoon Chang-ho Act charges in appeal trial

Rapper Jang Yong-jun (Noel), who has been booked on charges including unlicensed driving and assaulting a police officer [Image source=Yonhap News]

[Asia Economy Reporter Kim Daehyun] Rapper Jang Yongjun (22, stage name Noel), who was sentenced to imprisonment in the first trial for refusing a breathalyzer test and assaulting a police officer, will be subject to the general Road Traffic Act provisions rather than the so-called 'Yoon Chang-ho Act' through the appeal trial.

At 10 a.m. on the 9th, the 4-3 Criminal Appeal Division of the Seoul Central District Court (Chief Judge Cha Eun-kyung) accepted the prosecution's request to amend the indictment in the first appeal trial of Jang, who was charged with violating the Road Traffic Act (driving without a license), among other charges. They also announced that the appeal trial will conclude on the 7th of next month, with sentencing scheduled for the end of the same month.

Last month, the Constitutional Court ruled unconstitutional the so-called 'Yoon Chang-ho Act' provisions that impose aggravated punishment on drivers who repeatedly drive under the influence or refuse breathalyzer tests.

Article 148-2, Paragraph 1 of the Road Traffic Act stipulates that those who commit a combination of drunk driving and refusal of breathalyzer tests two or more times, or refuse breathalyzer tests two or more times, shall be punished by imprisonment of 2 to 5 years or a fine of 10 million to 20 million won. However, the Constitutional Court pointed out that it is wrong to impose aggravated punishment uniformly on repeat offenses, including relatively minor ones, without any restrictions related to past violations.

Earlier, on September 18 last year, around 10:30 p.m., Jang was arrested at the scene on suspicion of refusing a breathalyzer test and assaulting a police officer after causing a collision with another vehicle while driving a Mercedes-Benz passenger car at an intersection in Seocho-gu, Seoul.

Videos released during the trial showed Jang using abusive language such as "Get out of the way, you XX," engaging in a physical struggle with responding police officers, and staggering on the road to avoid getting into the patrol car. The police handcuffed Jang, grabbed both his arms, and put him into the vehicle. There was also footage of Jang assaulting a police officer while inside the car.

The first trial sentenced him to one year in prison, stating, "The defendant committed the current offense of refusing a breathalyzer test and assault despite having received a suspended sentence for previous crimes including drunk driving. The guilt is serious, making a prison sentence unavoidable." Jang appealed, arguing that the sentence was too harsh.

In 2019, Jang was also charged with crashing into a motorcycle while driving under the influence in Mapo-gu, Seoul, and was sentenced in June 2020 to one year and six months in prison with a two-year probation period.