4321 Cases of Refusal to Take Breathalyzer Tests Last Year... "Prevent a Second Kim Ho-jung"

A Bill to Strengthen Punishments Proposed in the National Assembly
Police Plan to Express Supportive Opinions

Recently, the prosecution indicted trot singer Kim Ho-jung excluding the charge of drunk driving, raising calls for stricter penalties on refusal and obstruction of breathalyzer tests. Currently, two bills have been proposed in the National Assembly, and the police plan to actively express their support.

Trot singer Kim Ho-jung is seen leaving the Seoul Central District Court in Seocho-gu, Seoul, heading to a transport vehicle after completing the detention hearing (warrant review) on the afternoon of the 24th of last month.
[Image source=Yonhap News]

According to the National Police Agency on the 27th, the number of refusals to undergo drunk driving tests was 4,116 in 2019, 4,407 in 2020, 4,377 in 2021, 4,747 in 2022, and 4,321 in 2023. Last year, there were 131,005 drunk driving enforcement cases, meaning 3.3% of them involved outright refusal to take the test. Online, following the Kim Ho-jung incident, there are even rumors circulating such as "If caught drunk driving, people always flee and run into convenience stores to drink soju."

A police official stated, “Fundamentally, legal supplementation is needed for refusal to take drunk driving tests and subsequent drinking. The public also agrees with strengthening penalties,” adding, “We are internally reviewing foreign legislative cases and exchanging opinions with related agencies. We will express our views according to the legislative process.”

Shortly after the opening of the 22nd National Assembly, amendments to the Road Traffic Act, dubbed the ‘Kim Ho-jung Prevention Act,’ were consecutively submitted. Min Hyung-bae, a member of the Democratic Party of Korea, on the 10th introduced a provision to punish the so-called 'sultagi'?a trick where one drinks alcohol to confuse the police’s measurement when drunk driving is about to be detected?stipulating imprisonment of up to five years or a fine of up to 20 million won.

On the 18th, Shin Young-dae, also from the same party, prohibited additional drinking with the intent to hinder breathalyzer tests after driving under the influence, specifying penalties of imprisonment from two to five years or fines ranging from 10 million to 20 million won for violations. The Supreme Prosecutors’ Office proposed to the Ministry of Justice on the 20th of last month to establish criminal penalties for intentional additional drinking after a drunk driving accident, prescribing imprisonment from one to five years or fines between 5 million and 20 million won.

Previously, in the 21st National Assembly, a bill to strengthen penalties for refusal and obstruction of breathalyzer tests was also proposed but was discarded due to the expiration of the term. At that time, rapper Jang Yong-jun (stage name Noel) was on probation for drunk driving but drove without a license and assaulted a police officer who requested a breathalyzer test. In response, Representative Min submitted a bill in October 2021 to impose penalties for refusal to take breathalyzer tests at the same level as drunk driving penalties.

Kim Do-woo, a professor of police studies at the Korean National Police University, emphasized, “In foreign countries, those who obstruct lawful law enforcement are called judicial disruption offenders. This is because refusal and obstruction of breathalyzer tests are punished less severely than drunk driving, so the penalty levels need to be balanced,” adding, “It is essential to firmly instill the perception that obstructing official duties can lead to harsher consequences.”