Why Was a Man in His 60s Caught for Drunk Driving Acquitted?..."Rising Phase of Blood Alcohol Concentration Taken into Account"

Slightly exceeded the 0.03% drunk driving enforcement standard
Requested a formal trial against a summary order of a 2 million won fine
Court: "Cannot conclude the punishable level was exceeded at the time of driving"

A driver who had received a summary order of a 2 million won fine after being caught by police for drunk driving requested a formal trial and was acquitted.

According to the Busan District Court Eastern Branch on the 2nd, Mr. A, a man in his 60s indicted on charges of violating the Road Traffic Act (drunk driving), was recently acquitted.

Mr. A received a summary order of a 2 million won fine on charges of driving about 100 meters with a blood alcohol concentration of 0.034% on a road in Busan last year.

However, Mr. A requested a formal trial, arguing that because the blood alcohol concentration measured at the time of enforcement slightly exceeded 0.03%, the lowest punishable level, it was difficult to conclude that the level was exceeded at the point when he was actually behind the wheel. Mr. A also argued that, citing the fact that the drunk driver report prepared by the police recorded his speech and behavior as "good," he was not outwardly in an intoxicated state.

The court acquitted Mr. A. The court stated, "Since there was a time gap between the point when the defendant ended driving after being caught for drunk driving and the point when the breath test was conducted with the breathalyzer, it is highly likely that the blood alcohol concentration was in the rising phase at the time of measurement," adding, "It cannot be ruled out that the blood alcohol concentration figure rose by 0.004% or more during this interval."

Attorney Park Seong-jun of Daeryun LLC, who represented Mr. A, added, "When the blood alcohol concentration slightly exceeds the punishment standard, one must legally scrutinize the rising phase of blood alcohol concentration between the point driving ended and the point of actual measurement," saying, "Based on factors such as the interval between the time drinking ended and the time of enforcement, we objectively proved the possibility that at the point when he was actually behind the wheel the level did not exceed the punishment threshold, and drew out an acquittal."

However, Attorney Park emphasized, "Regardless of enforcement, when you have been drinking, you must make it a habit not to get behind the wheel."

Reporter Baek Jae-hyun (itbrian@newsis.com)

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Why Was a Man in His 60s Caught for Drunk Driving Acquitted?..."Rising Phase of Blood Alcohol Concentration Taken into Account" (Go to link)