Thursday, 28th September 2023

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When you have faults, do not fear to abandon them


60-year-old appeals against 7 million won fine

A driver who was sentenced to a fine of 7 million won for refusing to take a breathalyzer test appealed, saying, “I couldn’t blow the meter properly because my teeth were missing,” but it was not accepted.

Ulsan District Court Criminal Division 1-1먹튀검증 (Chief Shim Hyun-wook) announced on the 7th that it had dismissed the appeal of the road traffic law violation (drinking test refusal) filed by Mr. A in his 60s.

On the night of June 2021, Mr. A fell asleep after stopping his truck while driving on a road in Yangsan, Gyeongsangnam-do.

When the police officer who was dispatched after receiving a report of suspected drunk driving saw Mr. A, his face was red and he smelled of alcohol.

In response, the policeman took a breath test on Mr. A, but Mr. A only pretended to blow the meter and did not blow enough of his breath.

The police officer tried to take a breathalyzer test on Mr. A seven times, but when Mr. A continued to blow the meter in a similar way and the alcohol level did not appear, he was considered to have refused to take the test and was booked.

When Mr. A was found guilty at trial and sentenced to a fine of 7 million won, he appealed to the effect that he had no intention of refusing to measure.

He claimed that some of his teeth were missing and he just couldn’t breathe enough.

However, the appellate court dismissed it, saying that there was no connection between the tooth loss and the act of blowing.

It means that you can measure it simply by holding the meter with your lips and blowing your breath into it.

The appellate court explained the reason for the sentence, saying, “At the time, the police officer informed the defendant how to measure his alcohol level by drawing blood, but the defendant also refused to do so.”

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