[The Police File] Tried to Evade DUI by Drinking Soju After Accident... Immediate Detention Ordered

There is a joke related to drunk driving. It goes, "If you think you might get caught for drunk driving, stop the car and drink alcohol. Then insist that you drank after driving and not before. That way, you can get away with it." Besides this, there are various other myths about avoiding drunk driving charges. But can you really escape a drunk driving crackdown by following these myths? The answer is absolutely no. The world is not that simple.

On the 12th, the Chuncheon District Court Wonju Branch sentenced a man in his 40s to six months in prison and ordered his immediate detention on charges of violating the Special Act on the Treatment of Traffic Accidents (injury) and the Road Traffic Act (drunk driving).

The details of the case are as follows. Last September, this man caused an accident by colliding with a vehicle driving straight from the opposite direction while making an unprotected left turn. He immediately got out of the car and drank half a bottle of soju at a nearby restaurant. This was before the police or insurance agents arrived at the scene.

When the police arrived and conducted a breathalyzer test, his blood alcohol concentration was 0.112%, but he claimed innocence regarding the drunk driving charge. He said he drank to calm himself due to panic disorder after the accident. However, the court calculated, using the Widmark formula, the amount of alcohol consumed recorded on the restaurant’s CCTV, the alcohol content of the drink, the rate of alcohol absorption in the body, and his body weight, estimating that his blood alcohol concentration was already 0.0452% before drinking at the restaurant. If it had been his first offense and he had been lucky, he might have only received a fine, but the court viewed his deliberate attempt to conceal the drunk driving and ordered his immediate detention.

If you cannot drive a car after drinking, what about riding a bicycle like a public bike (Ddareungi) after drinking? Bicycles are also subject to drunk driving penalties. If the blood alcohol concentration is 0.03% or higher, measured by a breathalyzer or blood test, a fine of 30,000 KRW is imposed, the same as for cars. Refusing the test results in a 100,000 KRW fine.

Penalties for drunk driving on personal mobility devices such as electric bicycles and kickboards are even stricter. If the blood alcohol concentration is 0.03% or higher, the fine is 100,000 KRW, and refusal to take the test results in a 130,000 KRW fine. Driving personal mobility devices under the influence also leads to administrative license penalties identical to those for cars. A blood alcohol concentration of 0.03% or higher results in license suspension, and 0.08% or higher leads to license cancellation. In addition, imprisonment and fines are imposed. If you try to avoid drunk driving in a car by drinking and then riding a shared kickboard home, you could face the dreaded situation of license cancellation.

Using mouthwash before a breathalyzer test is a no-go. Mouthwashes with high alcohol content can have up to 23% alcohol, which is higher than the alcohol content of most commercially available soju. In other words, using mouthwash before a breathalyzer test is like rinsing your mouth with soju. Of course, if you rinse with water afterward and wait about five minutes, it will not be detected as alcohol. The police are well aware of this, so if you inform them beforehand that you used mouthwash, they will allow sufficient time before conducting the breathalyzer test.

Are you also punished for driving under the influence of drugs? According to the Road Traffic Act, you must not drive while under the influence of drugs. This includes narcotics, marijuana, and psychotropic drugs. Sedatives used in procedures like gastroscopy and painkillers are also prohibited substances for driving. Whether it is alcohol, drugs, or drowsiness, always remember that driving should only be done with a clear mind.

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