A 30-Year-Old with Four Prior DUI Convictions... Sentenced to Prison After Being Caught Again, Pretending to Blow

Chuncheon District Court Sentences to 1 Year Imprisonment

A man in his 30s, who had been punished four times for drunk driving, was finally sentenced to prison after being caught driving under the influence again and only pretending to take a breathalyzer test without properly blowing into it.

On the 13th, the Chuncheon District Court Criminal Division 3 (Presiding Judge Park Seong-min) sentenced A (39) to one year in prison on charges of refusing a breathalyzer test under the Road Traffic Act, according to a report by Yonhap News Agency on the same day. In June, A was driving a passenger car on a road in front of a convenience store in Hongcheon-gun, Gangwon Province, when police officers who responded to a report of suspected drunk driving requested a breathalyzer test. However, A only pretended to blow into the device and did not comply, leading to his prosecution.

The photo is not related to the specific content of the article. Police are conducting a drunk driving crackdown. Photo by Moon Honam munonam@

The court stated, "The defendant has a history of four punishments, including suspended prison sentences, for drunk driving," and explained the sentencing by saying, "Considering that he was caught by police officers who responded to a 112 emergency call and still refused to take the breathalyzer test, the sentence was determined accordingly."

Meanwhile, last month, a man in his 30s who refused a police officer’s breathalyzer request at his own home by demanding a warrant was fined. On the 1st of last month, the Chuncheon District Court Wonju Branch Criminal Division 1 (Presiding Judge Kim Do-hyung) imposed a fine of 15 million won, which was higher than the summary order, on B (36), who was charged with refusing a breathalyzer test under the Road Traffic Act.

On January 9th, around 11:05 p.m., B parked his K7 passenger car near the entrance of his villa in Wonju, Gangwon Province, after driving while intoxicated, and caused a disturbance by arguing with residents while getting out of the car. Police who responded to a 112 call visited B’s home around 11:44 p.m. the same day and requested a breathalyzer test due to suspicion of drunk driving. B refused the request, saying, "I will not comply unless you bring a warrant," and was summarily prosecuted and fined for refusing the breathalyzer test. At the time, B lied that a designated driver had driven his vehicle home and that he drank alcohol after arriving home, refusing the test and was arrested on the spot.

B appealed the summary order by requesting a formal trial, arguing that "the request for a breathalyzer test at his residence without proper legal procedures was illegal, and even if he refused, it does not constitute refusal of a breathalyzer test." However, the court judged that the police’s breathalyzer request was lawful, considering the properly obtained evidence and reasonable grounds to believe B was driving under the influence.

Presiding Judge Kim explained the sentencing by saying, "Refusal to take a breathalyzer test wastes public authority and makes it difficult to detect drunk driving, which is a crime with a bad nature," and added, "Considering that B refused the breathalyzer test and used insulting language toward the police officers, the fine imposed by the summary order was too light." B has appealed the ruling.