Why Was Only the Taxi Driver Fined Without Punishing the Customer Despite Mutual Assault?

A passenger and a taxi driver, both intoxicated, got into an argument in the taxi and ended up fighting with punches. The passenger avoided punishment, while the taxi driver was fined. Why did this ruling come about even though both parties expressed to the court that they did not want to press charges against each other? It is because different charges were applied: the taxi driver was charged with injury, and the passenger with assault.

On the 18th, Song Jong-seon, presiding judge of the Chuncheon District Court Criminal Division 1, announced that the prosecution against passenger A (58), who was charged with assault, was dismissed, and that taxi driver B (51), who was charged with injury, was sentenced to a fine of 2 million won with a one-year probation.

Taxi. [Photo by Yonhap News] (This photo is not directly related to the article)

The incident began as follows. On the night of November 27 last year, A boarded a taxi while intoxicated. B took issue with A’s behavior and demanded that A get out, even trying to physically pull A out. Angered, A struck B’s neck and ear with his hands, and B punched A’s face multiple times, causing injuries around the eye area that required about two weeks of treatment. Both parties reached a settlement in court and expressed that they did not wish to press charges against each other.

However, because different charges were applied to each person, only one was punished. The court dismissed the prosecution against A, who was charged with assault, a crime subject to the victim’s withdrawal of complaint. Meanwhile, B, who was charged with injury, a crime that can be prosecuted regardless of the victim’s wishes, was fined.

Assault is punishable by up to two years in prison or a fine of up to 5 million won, while injury is punishable by up to seven years in prison, suspension of qualifications for up to ten years, or a fine of up to 10 million won. Assault is a crime subject to the victim’s withdrawal of complaint, meaning the perpetrator cannot be punished if the victim does not wish to proceed. Injury, however, is not subject to withdrawal of complaint, so even if a settlement is reached, the accused can still be prosecuted for injury.

The court explained the sentencing for B by stating, “We took into full consideration the fact that he admitted his wrongdoing and deeply reflected on it, as well as the fortunate circumstance that the victim’s injury was not severe.”