"Police Arriving at Home Without Warrant, Breathalyzer Demand Deemed Illegal"… 40s Driver Found 'Not Guilty'

Police Respond to Suspected Drunk Driving Report
Court: "Hard to See as Following Procedure"

A man in his 40s who refused a police officer's request for a breathalyzer test after a suspected drunk driving report was acquitted.

On the 9th, Chief Judge Kim Kyung-chan of Criminal Division 3 at Cheongju District Court announced that he had acquitted Mr. A (49), who was prosecuted for refusing a breathalyzer test under the Road Traffic Act.

Mr. A was prosecuted for repeatedly refusing the breathalyzer test requested by police officers who came to his residence after receiving a report of suspected drunk driving around 8 p.m. last January. At the time, although the breathalyzer showed signs of alcohol, Mr. A claimed, "I drank after arriving home," and refused the test.

During the trial, Mr. A denied the charges, stating, "The police entered my home without consent," and "Requesting a breathalyzer test despite my request to leave was not a lawful procedure." It was reported that the police officers who responded at the time did not inform Mr. A's minor child, who opened the front door, of the purpose of their visit, such as the 112 emergency call details or the criminal facts.

The court judged that the police's request for the breathalyzer test could not be considered a lawful procedure.

Chief Judge Kim stated, "Entering a private residence and requesting a breathalyzer test without a warrant or permission is illegal, so the charge of refusal does not stand. Furthermore, since the defendant had already finished driving and was showering at his residence, he cannot be considered a flagrante delicto of drunk driving," he ruled.

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