A South Korean man walked free from drunk driving charges after a court ruled it was impossible to determine his blood alcohol level at the time of his arrest. This ruling was based on a very unusual set of circumstances: the man consumed an entire bottle of liquor immediately after being pulled over, making an accurate alcohol test impossible.
The 60-year-old was stopped by police late on the night of September 17 in Daegu, suspected of driving under the influence. Yet, in a move that complicated the investigation, the man quickly chugged a bottle of soju—a popular Korean liquor often compared to a milder version of vodka—just 39 seconds after being stopped, as reported by The Korea Herald. This action thwarted any chance of a valid test that could determine his blood alcohol content (BAC) at the time he was driving.
After the dramatic scene, police tested him 40 minutes later. To estimate his earlier BAC, they used the Widmark formula, a method that calculates prior alcohol levels by factoring in time, body weight, sex, and known alcohol consumption. Based on their calculations, they estimated that his BAC was 0.128 percent at the time of driving. To put that into perspective, South Korean law imposes penalties on drivers with BAC levels over 0.03 percent, and a BAC above 0.07 percent is grounds for license revocation.
Despite these estimates, the court dismissed the case. The judge argued that the evidence was not definitive enough to prove that the man had been intoxicated while operating his vehicle. The legal team emphasized that without a valid test before he drank the soju, any calculations would be speculative at best.
Interestingly, witnesses present at the scene had conflicting stories. Some said that the man had parked his car erratically, swerved, and appeared to stumble when he got out of the vehicle. These observations suggested that he may have been under the influence before he drank the soju. However, these accounts were not enough to convince the court, which needed concrete proof to deliver a guilty verdict.
The court’s verdict reflected the difficulty of relying on circumstantial evidence alone. “Even if the defendant did drink the entire bottle of soju as he claimed, it is unclear why he would appear intoxicated immediately afterward,” the court said. They concluded that without a direct test of the man’s sobriety before his post-stop drinking, there was simply not enough evidence to convict him.
This case highlights the complexities involved in proving drunk driving beyond a reasonable doubt. In many legal systems, blood alcohol levels are a key factor in determining intoxication, but they rely on precise testing at the right time. The defendant’s quick thinking—whether intentional or not—created a situation that rendered those tests ineffective.
While the man’s actions could be seen as a deliberate attempt to evade responsibility, the court’s ruling underscores the importance of airtight evidence when dealing with drunk driving cases. This case may prompt law enforcement to review their procedures to ensure that similar situations do not hinder future investigations.
In the end, the man walked away from a potential conviction, sparking debate on how the legal system should handle such loopholes in drunk driving cases.
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