A person who there is good reason to believe drove a car while drunk deliberately drank more alcohol after driving to make the alcohol test difficult (no previous alcohol-related violations). Which statement is correct?
Obstructing an alcohol test (Article 44(5) of the Road Traffic Act) is treated as seriously as refusing the test. Check what besides alcohol is covered by the ban, and compare its criminal penalty (Article 148-2(2)) and license action (Annex 28 of the Enforcement Rule) with those for refusal.
Answer: ④
Explanation
Article 44(5) of the Road Traffic Act prohibits obstructing an alcohol test by drinking more or using medicine or other items that affect blood alcohol concentration after driving. A violation is punished under Article 148-2(2)(2) by 1 to 5 years in prison or a criminal fine of 5 million to 20 million won, the same as refusing the test, and the license is revoked under item 3-2 of the revocation standards in Annex 28. Making the level at the time of driving unknown does not avoid punishment.
Legal basis: 도로교통법 제44조 제5항, 제148조의2 제2항 제2호, 시행규칙 별표28 2. 제3호의2