A car driver, whom there is reasonable cause to believe drove while drunk, refused a police officer's request for an alcohol test. If the driver has no similar violation within the past 10 years, which two statements are correct? Select TWO
If there are reasonable grounds to believe a driver is drunk, the driver must comply with the police officer's test (Article 44(2) of the Road Traffic Act). Recall exactly when a test may be demanded, and look separately at the criminal penalty for refusal (Article 148-2) and the license disposition (Table 28 of the Enforcement Rule).
Answer: ②, ③
Explanation
Under Article 44(2) of the Road Traffic Act, the police may conduct a breath test even without an accident when needed for traffic safety or when drunk driving is suspected, and the driver must comply. Refusal is punishable under Article 148-2(2) by 1 to 5 years in prison or a criminal fine of 5 million to 20 million won, and under Annex 28 of the Enforcement Rule the license is revoked. The claim that only a suspension follows is wrong.
Legal basis: 도로교통법 제44조 제2항, 제148조의2 제2항, 시행규칙 별표28 2. 제3호