After Moving the Car at Police Request, Breathalyzed... Who Faces License Suspension-Level Charges?

[Asia Economy Yeongnam Reporting Headquarters Reporter Kang Sharon] A driver who was caught driving under the influence after moving a car parked at a police substation at the police's request was acquitted in the appeal trial.

The Changwon District Court Criminal Division 3-1 overturned the original sentence that fined A (45) 7 million won on charges of drunk driving and acquitted him on the 2nd, the court announced.

A drove about 10 meters from a police substation parking lot in Uichang-gu, Changwon-si, Gyeongnam, to a nearby road on November 2, 2019.

At the time, he had a blood alcohol concentration of 0.059%, which is at the level of license suspension, and he took the wheel at the request of a police officer to move the car.

Subsequently, he was caught in a crackdown after a police officer suspected him of drinking and measured his blood alcohol level.

The court ruled that since the police were aware of A's drinking beforehand but allowed him to drive, the subsequent measurements and statements have no evidentiary effect.

The court stated, "The evidence collected immediately after A's driving through the alcohol test did not follow proper procedures and should be considered inadmissible as evidence," and "Since there is no proof of the crime, an acquittal is pronounced."

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