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進入《TAIPEI TIMES》 Court axes ruling in Elaine Tseng case
Friends of Taiwanese student Elaine Tseng, who was killed in a drunk-driving accident in November 2020, hold a news conference outside the Seoul Central District Court on Jan. 25 last year. Photo courtesy of Chia-Yi Hospital via CNA
‘unconstitutional’ The father of the Taiwanese student killed by a drunk driver in Seoul in 2020 said that his family is heartbroken to hear of the Supreme Court verdict
By Jake Chung / Staff writer, with CNA
The South Korean Supreme Court on Thursday remanded a case involving the death of Taiwanese student Elaine Tseng （曾以琳） to a lower appellate court, saying that the heavy sentence contravened the South Korean constitution.
Tseng, 28, was on her way home from a professor’s residence in Seoul on Nov. 6, 2020, when she was run over and killed by a 52-year-old surnamed Kim, who ran a red light at a pedestrian crossing.
It was Kim’s third driving under the influence （DUI） offense, after two incidents in 2012 and 2017.
A lower court in April last year sentenced Kim to eight years in prison, referring in its verdict to the death of a 22-year-old in a DUI incident in 2018 that led to a legislative amendment that allows punishments of up to life in prison in such cases. The ruling was upheld in August.
However, the South Korean Constitutional Court in November ruled that the amendment was unconstitutional.
The Supreme Court on Thursday referred to that decision.
Elaine Tseng’s father, Tseng Kin-fui （曾慶暉）, yesterday expressed his “utter disappointment” in the South Korean judiciary.
“We were heartbroken to hear of the Supreme Court ruling,” he said, adding that he could not understand why it would rule that a driver who has committed multiple DUI offenses receiving a heavy sentence is not covered by the country’s constitution.
Tseng Kin-fui called into question whether Kim, who had repeatedly apologized during court hearings, was sincere in his regret, saying that Kim appealed the initial ruling one day after the court found him guilty.
His family is hiring lawyers and would continue to appeal the decision, Tseng Kin-fui said.
After Elaine Tseng’s death, her friends initiated a petition on a portal of the Blue House’s Web site calling for harsher penalties for DUIs, Tseng Kin-fui said, urging Taiwanese and South Koreans to mail petition letters to the Blue House and the courts involved to draw attention to the issue.
新聞來源：TAIPEI TIMES
