"Can't Blow Because No Teeth"... 60s Male Truck Driver Refuses Breathalyzer Test

Fine of 7 Million Won Imposed in First Trial, Appeal Dismissed
Court: "Possible if Lips Present, Tooth Loss Irrelevant"

A man in his 60s who was fined for refusing a breathalyzer test appealed, claiming that he could not properly blow into the device due to missing teeth, but the appeal was dismissed.

[Image source=Yonhap News]

On the 7th, the 1-1 Criminal Appeal Division of Ulsan District Court (Chief Judge Shim Hyun-wook) announced that it had dismissed the appeal filed by Mr. A, a man in his 60s, regarding a violation of the Road Traffic Act (refusal to take a breathalyzer test).

Mr. A was previously sentenced to a fine of 7 million won after being found guilty of refusing the breathalyzer test. However, he appealed on the grounds that he had no intention of refusing the test.

Mr. A claimed that "I simply could not blow enough air because some of my teeth were missing."

However, the appellate court explained the reason for dismissing the appeal, stating, "The breathalyzer test is conducted by blowing air, and there is no connection between missing teeth and the act of blowing air."

Furthermore, the court added, "At the time, the police officer informed the defendant of the option to measure blood alcohol levels through blood sampling, but the defendant also refused this method," and explained, "It was clear that the defendant intended not to undergo the breathalyzer test."

Earlier, in June 2021, at night on a road in Yangsan City, Gyeongnam Province, Mr. A fell asleep after stopping his cargo truck.

Police officers who responded to a suspected drunk driving report observed that Mr. A’s face was flushed and that he smelled of alcohol.

When the officers asked Mr. A to take a breathalyzer test, he only pretended to blow into the device and did not blow air sufficiently.

The breathalyzer test was repeated seven times, but Mr. A continued to blow air in a similar insufficient manner, resulting in no alcohol reading on the device. The police regarded this as a refusal to take the breathalyzer test and booked him accordingly.

This content was produced with the assistance of AI translation services.