Man Acquitted of 'Drug-Impaired Driving' Charge Due to Police Mishandling of Urine Sample

A man in his 40s who was put on trial for reckless driving while under the influence of methamphetamine has been acquitted of the drug-impaired driving charge due to the police's failure to properly manage evidence.
Busan District Court Judge Lee Ho-yeon of Criminal Division 11 announced on June 17 that the defendant, identified as A, was sentenced to two years in prison for charges including violation of the Narcotics Control Act (possession of narcotics).
However, the court ruled him not guilty of the charge of driving and causing an accident while under the influence of methamphetamine.
A was indicted on charges of driving through parts of Busan for approximately 30 minutes, starting at 9:25 p.m. on June 1, 2024, while under the influence of methamphetamine.
Investigations revealed that A drove recklessly while fleeing from Dongnae-gu to Buk-gu in Busan, covering about 8.3 kilometers, during which he frequently changed lanes, crossed the center line, and drove against traffic for about 900 meters.
A's vehicle eventually came to a stop after crashing into a wall near Gupo Station in Buk-gu. A abandoned the vehicle and fled the scene before being apprehended by police.
During the arrest, police discovered methamphetamine that A had dropped, and it was reported that a preliminary urine test conducted at the police station the following day also tested positive for drugs.
However, the court determined that there were issues in the collection and storage process of the urine sample, which was the key evidence to prove the drug-impaired driving charge.
Investigations showed that after collecting the urine sample from A and performing the preliminary test, the police placed the sample in an evidence bottle but moved it out of the interrogation room without applying sealing tape.
Judge Lee ruled that for a urine sample used for drug testing to be admissible as evidence, its identity and integrity must be maintained throughout the entire process of collection, storage, and analysis.
Furthermore, although the police testified in court that they had submitted the sample to the National Forensic Service (NFS) on the same day, a fact-check with the NFS revealed that the actual request for analysis and the submission of the sample took place the following day.
Judge Lee stated, "Even if the on-site preliminary test showed a positive result, this alone cannot definitively prove methamphetamine use," adding, "There is a possibility of errors as the test can also react to other drugs with chemical structures similar to methamphetamine."
Judge Lee sentenced A to prison, finding him guilty only of the charge of possessing methamphetamine.
(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.