"Suspected Drunk Driving but Not Proven"... Court Acquits 40s on Drunk Driving Charges

The court acquitted a man in his 40s who was charged with driving under the influence of alcohol.

On the 1st, Judge Kim Miran of Daegu District Court Criminal Division 11 acquitted A (49), who was charged with violating the Road Traffic Act.

A was prosecuted for driving a cargo truck with a blood alcohol concentration of 0.190%, which is at the license cancellation level, over a distance of about 7 meters from his yard to the road in Cheongdo, Gyeongbuk, at around 7:46 a.m. on June 20 last year.

At the time of driving, A collided with a four-wheeled motorcycle driven by B, and at the request of B’s son, who took B to the hospital, A reported the accident to the police at around 9:14 a.m.

Later, when the police conducted a breathalyzer test on A near a container at the accident site at around 9:49 a.m., his blood alcohol concentration was 0.190%. However, A claimed that he only drank alcohol inside the container after driving and did not drive while intoxicated.

B’s son, who was the first to meet A after the accident, also stated during the police investigation that A did not smell of alcohol nor appear intoxicated, and testified to the same effect in court. The police investigation report prepared after the breathalyzer test noted signs of intoxication such as “slight staggering” and “bloodshot eyes” regarding A’s condition.

Judge Kim stated, “It is difficult to see any reason or motive for the victim’s son to commit perjury in favor of the defendant, risking criminal punishment,” and “Although there are doubts due to inconsistencies in the defendant’s statements and the absence of any discovered alcohol bottles, it cannot be concluded beyond a reasonable doubt that the defendant drove under the influence as charged,” and thus acquitted him.