After Dispute, Passenger Knocked Down and Punched... Brain Injury Requires 12 Weeks of Treatment
Claimed "Victim Also Used Abusive Language and Violence," but Court Says "Responsibility Cannot Be Attributed"
A man in his 30s working as an illegal taxi driver, known as "Kolttwigi," who caused brain damage to a heavily intoxicated passenger during a physical altercation, has been sentenced to prison again on appeal.
According to Yonhap News on December 7, the Criminal Division 1 of the Suwon High Court (Presiding Judge Shin Hyunil) dismissed both the appeal filed by Mr. A, who is in his 30s and had been sentenced to one year and six months in prison in the first trial on charges of inflicting serious injury, as well as the prosecution's appeal.
Mr. A was accused of pushing and repeatedly punching a passenger in his 40s, Mr. B, on a road in Pyeongtaek, Gyeonggi Province, around midnight on July 4 last year, causing Mr. B to fall to the ground. After Mr. B got up, Mr. A struck him several more times, causing him to fall again and hit his head on the ground, resulting in injuries. It was found that Mr. B suffered brain damage requiring 12 weeks of medical treatment.
Mr. A had been operating an unlicensed passenger transport business (Kolttwigi) when he received a request from a bar owner to drive a customer home who had been drinking. While driving, the victim reportedly insulted Mr. A's driving, which angered him and led both men to get out of the vehicle and engage in a physical fight. Kolttwigi refers to illegal paid transportation (illegal taxi services) using a private car or rental vehicle. If caught, violators face up to two years in prison or a fine of up to 20 million won.
Mr. A argued that the victim had first verbally abused and assaulted him, and that this should be considered a mitigating factor in sentencing. However, the court ruled that these circumstances alone did not justify attributing significant responsibility for the incident or the extent of the victim's injuries to the victim.
The first trial court explained its sentencing by stating, "The victim's condition has not improved and has resulted in serious disability, and the victim's family is petitioning for a severe punishment. However, the defendant has admitted to the crime and appears to have acted impulsively, which was taken into account."
The appellate court stated, "There have been no significant changes to the factors affecting sentencing since the original verdict. The original sentence appears to fall within the reasonable scope of judicial discretion."
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