ULSAN — A man in his 70s who refused a probation officer's breath test in violation of court-ordered conditions, after serving a prison term for a sex crime and being released, has been sentenced to prison again.
Senior Judge Lim Jung-yoon of the Ulsan District Court's Criminal Division 4 sentenced the man, identified only as A, to eight months in prison on charges of violating the Act on Electronic Monitoring, the court said on the 26th.
A served three years in prison for indecent assault of a person with a disability in 2019 and was released in 2021. Upon release, the court ordered him to wear an electronic ankle monitor through 2030, barred him from drinking to a blood alcohol level of 0.05% or higher, and required him to comply with breath tests requested by probation officers.
In mid-February this year, however, A refused to comply when a probation officer from the Ulsan Probation Office asked him to take a breath test at night on a road in front of a restaurant in Ulsan's Nam-gu district. A obstructed and refused the test three times by briefly blowing into the device and immediately pulling his mouth away. The probation officer conducting the check was injured during the incident.
"The defendant committed the offense again despite having been punished several times in the past for violating probation conditions," the court said in explaining the sentence. "Considering that the probation officer in charge was injured during the refusal of the test, a prison sentence is unavoidable."
