Which statement about Article 148-2(1) of the Road Traffic Act, which imposes heavier penalties on repeat drunk-driving offenders, is NOT correct? (All cases involve driving a motor vehicle.)
Heavier punishment for repeat drunk driving (Article 148-2(1) of the Road Traffic Act) depends on which provision the earlier violation fell under, what kind of sentence it was, and how many years are counted from when. Check which of the violations in the paragraphs of Article 44 are grouped together.
Answer: ③
Explanation
Article 148-2(1) of the Road Traffic Act imposes heavier penalties on anyone who, within 10 years from the date a sentence of a criminal fine or more became final for violating Article 44(1) (drunk driving), (2) (refusing an alcohol test) or (5) (obstructing the test), violates any of them again. So even if the earlier punishment was for refusing the test, the new drunk driving is punished as a repeat offense. Criminal fines count, persons whose sentence has lapsed are included, and the reference period is 10 years.
Legal basis: 도로교통법 제148조의2 제1항, 제44조 제1항·제2항