A man in his 70s who repeatedly refused a police request for a breath test received a suspended prison sentence in the first trial.
On Jan. 14, Senior Judge Song Jong-hwan of the Chuncheon District Court Criminal Division 1 said A, 71, indicted on a charge of refusing a breath test under the Road Traffic Act, was sentenced to one year in prison, suspended for two years.
The court also ordered six months of probation, 80 hours of community service, and 40 hours of a lawful driving lecture.
A was indicted on charges of refusing, saying, "Do it by the law, or not," after officers responding to a 112 call in Chuncheon on Aug. 25 demanded a breath test three times when A got behind the wheel after drinking.
At the time, police determined that the smell of alcohol from A's mouth, the reaction of an alcohol detector, and video submitted by the caller, among other things, established that A had driven the vehicle. Police therefore requested a breath test, but A did not comply, they said.
Director General Judge Song said, "Refusing a breath test is a crime that obstructs the most basic and core evidence collection for drunk driving offenses and fosters a culture of disregarding public authority, so the responsibility is not light," adding, "The defendant has a record of multiple punishments for similar drunk driving offenses," explaining the reasons for sentencing.
He added, "In setting the sentence, the court considered that the distance driven under the influence was extremely short and that there was a considerable time gap between the similar drunk driving offenses and this offense."