A man in his 60s who denied driving under the influence of alcohol, saying, "I drank a bottle of soju for about 39 seconds in the car after parking," was acquitted for lack of evidence.
Judge Moon Chae-young of the Daegu District Court said on the 3rd that he acquitted A (60), who was handed over to trial on charges of violating the Road Traffic Act (Drunk Driving).
A was accused of driving a Mercedes-Benz car in a 2.4km section from an apartment parking lot in Suseong-gu, Daegu, with a blood alcohol concentration of 0.128% corresponding to the level of driver's license cancellation (more than 0.08%) at around 11:38 p.m. on September 16 last year.
According to the evidence, A stayed in the car for about 39 seconds after parking and came out, and about 40 minutes later, at around 0:11 a.m. on the 17th, the police measured the alcohol level in the blood at 0.128%.
A witness stated that it was not normal for A to park his car, and that he stumbled as soon as he got out of the car.
However, A claimed that he had never drunk driving, saying, "I was in the car for about 39 seconds after parking at the time and drank all of the 375ml soju (375ml) with an alcohol content of 25 degrees."
As a result, the court did not get a result to judge that A actually drove a car with a blood alcohol level of 0.03% or higher, which is the standard for punishment for drunk driving under the Road Traffic Act, and applied the alcohol absorption rate and the Widmark constant of adult men, which are most favorable to the defendant.
The court also pointed out that the investigation authorities did not properly grasp the basic premise for determining whether A was drunk driving during the investigation of the case, such as the place of drinking, the type of alcohol, the amount of intake, and the time elapsed after drinking.
The court said, "Even if you drink all of the soju as the defendant claims, it is not easy to understand that you act as if you are drunk as soon as you drink it," adding, "It is difficult to conclude that the defendant drove under the influence of circumstantial evidence or speculation."
Reporter Lee Yu Na from Digital News Team.
[Copyright holder (c) YTN Unauthorized reproduction, redistribution and use of AI data prohibited]
Judge Moon Chae-young of the Daegu District Court said on the 3rd that he acquitted A (60), who was handed over to trial on charges of violating the Road Traffic Act (Drunk Driving).
A was accused of driving a Mercedes-Benz car in a 2.4km section from an apartment parking lot in Suseong-gu, Daegu, with a blood alcohol concentration of 0.128% corresponding to the level of driver's license cancellation (more than 0.08%) at around 11:38 p.m. on September 16 last year.
According to the evidence, A stayed in the car for about 39 seconds after parking and came out, and about 40 minutes later, at around 0:11 a.m. on the 17th, the police measured the alcohol level in the blood at 0.128%.
A witness stated that it was not normal for A to park his car, and that he stumbled as soon as he got out of the car.
However, A claimed that he had never drunk driving, saying, "I was in the car for about 39 seconds after parking at the time and drank all of the 375ml soju (375ml) with an alcohol content of 25 degrees."
As a result, the court did not get a result to judge that A actually drove a car with a blood alcohol level of 0.03% or higher, which is the standard for punishment for drunk driving under the Road Traffic Act, and applied the alcohol absorption rate and the Widmark constant of adult men, which are most favorable to the defendant.
The court also pointed out that the investigation authorities did not properly grasp the basic premise for determining whether A was drunk driving during the investigation of the case, such as the place of drinking, the type of alcohol, the amount of intake, and the time elapsed after drinking.
The court said, "Even if you drink all of the soju as the defendant claims, it is not easy to understand that you act as if you are drunk as soon as you drink it," adding, "It is difficult to conclude that the defendant drove under the influence of circumstantial evidence or speculation."
Reporter Lee Yu Na from Digital News Team.
[Copyright holder (c) YTN Unauthorized reproduction, redistribution and use of AI data prohibited]
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