Drove After Three Glasses of Soju But Found "Not Guilty"?... The Crucial Factor Is "Timing of Measurement"

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A, a taxi driver in Busan, was put on trial on charges of driving about 1 kilometer after drinking last December.

A had consumed two to three glasses of soju at a restaurant, drove the taxi to a garage, and subsequently underwent a breathalyzer test by the police.

At the time, the blood alcohol concentration (BAC) was 0.03%, which meets the minimum legal threshold for punishment, but the court ruled that the evidence submitted by the prosecution alone was insufficient to conclusively prove drunk driving.

The core issue was the timing of the breathalyzer test.

Based on the timing of the restaurant bill payment, the court estimated that the breathalyzer test was conducted at least 40 minutes after A finished drinking.

The court noted that if A's blood alcohol concentration was in the rising phase at the time, the reading could have been lower while driving 26 minutes prior to the measurement.

It also pointed out that while the time it takes for blood alcohol concentration to reach its peak after drinking is generally between 30 and 90 minutes, the rate at which BAC rises during the absorption phase has not been scientifically clarified with precision.

Ultimately, considering A's weight, physical constitution, and other factors, the court ruled that the possibility of A's blood alcohol concentration being below 0.03% while driving could not be ruled out, and thus delivered a not-guilty verdict.
※ Please note: This article was translated by AI and may contain errors.