[Asia Economy Reporter Kim Daehyun] A woman in her 20s who denied drunk driving charges, claiming "the alcohol in the mouthwash caused different breathalyzer results," was sentenced to a fine.
On the 15th, according to the court, Judge Min Suyeon of the Seoul Central District Court Criminal Division 26 sentenced broadcaster A (29, female), who was indicted for violating the Road Traffic Act (drunk driving), to a fine of 7 million won.
A is accused of driving a corporate BMW passenger car for about 5 km while intoxicated with a blood alcohol concentration of 0.097% (license cancellation level) on a road in Yongsan-gu, Seoul, around 10 p.m. on December 13, 2020.
A caused a traffic accident by rear-ending a vehicle driven by B several times, which led to the breathalyzer test.
A denied all charges. During the trial, she argued that "the traffic accident occurred while using an alcohol-containing mouthwash, and I swallowed it in shock" or "the medication taken before driving affected the results," claiming that the breathalyzer results could not be trusted.
The court did not accept A's claims. Judge Min stated, "According to inquiries made to the National Forensic Service, even if alcohol remains in the mouth, it evaporates after about 15 minutes and does not affect the measurement, as reported through various clinical trials."
Regarding A's claim that the medication influenced the results, the court also rejected it, saying, "According to the prescription, the medication is taken once daily before bedtime, so it is unclear whether it was actually taken before driving in this case, and investigation reports suggest it is unlikely that the medication affected the blood alcohol concentration."
Witness testimonies were also taken into account. B testified to the investigation agency, "When I got out of the vehicle, A appeared intoxicated with glazed eyes and a strong smell of alcohol from her mouth, staggering," and "her speech was slurred."
A repeatedly requested to take a blood test instead of the breathalyzer, distrusting the breathalyzer results. However, a hospital official who attempted the blood draw testified that "a passenger heard the defendant telling her in the hospital restroom, 'Hang up your clothes and just sit down and sleep.'" Also, despite requests to squeeze her hand, A did not comply and later said, "I'm too scared to continue," so the blood draw was not performed.
Since A did not appeal, this ruling became final as is.
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