Supreme Court: "Blood Alcohol Concentration from Breath Test Reflects Level at Time of Driving"… Fine Confirmed

[Asia Economy Reporter Baek Kyunghwan] A court ruling has stated that even if a breathalyzer test was conducted during the rising phase of blood alcohol concentration, if the test was done immediately after driving, the result should be considered as the blood alcohol concentration at the time of driving.

On the 8th, the Supreme Court's 3rd Division (Presiding Justice No Taeak) announced that it upheld the original ruling that sentenced Mr. A, who was indicted for violating the Road Traffic Act, to a fine of 5 million won in the retrial.

Mr. A was caught in a police sobriety checkpoint in March 2017. The blood alcohol concentration measured by the police was 0.059%. At that time, this slightly exceeded the license suspension threshold (0.05%). The license suspension threshold was strengthened to 0.03% or higher with the amendment of the Road Traffic Act that took effect in June last year.

The first trial acknowledged that Mr. A's measured blood alcohol concentration exceeded the license suspension threshold but acquitted him due to lack of evidence to prove that the level was the same at the time of driving. It was considered highly likely that the blood alcohol concentration was still rising since the breathalyzer test was conducted shortly after Mr. A made a card payment at a bar.

The second trial maintained the same judgment as the first trial and acquitted him.

However, the Supreme Court ruled that Mr. A's blood alcohol concentration could be considered above the license suspension threshold at the time of driving and ruled guilty. The court cited police reports stating that Mr. A had a flushed face at the time of detection and did not properly understand the prior explanation about the breathalyzer test as grounds for the decision.

The court stated, "The breathalyzer test was conducted without significant delay just 5 to 10 minutes after the end of driving," and "Such measurement is consistent with common experience to be considered the blood alcohol concentration at the time of driving unless there are special circumstances."

Accordingly, the retrial sentenced Mr. A to a fine of 5 million won. Mr. A appealed again, but the court dismissed it.

This content was produced with the assistance of AI translation services.