'Rising blood alcohol' argument accepted: fine cut from KRW 5M to 3M

Background

After drinking, our client drove a short distance and then fell asleep in a car stopped on the road. Based on a reading taken several hours later, our client was charged with drunk driving in a higher penalty bracket, and the first-instance court imposed a KRW 5 million fine.

The issue

If our client drove during the 'rising phase,' when blood alcohol was still increasing shortly after the last drink, could the level at the time of driving be back-calculated (using the Widmark formula) from a later reading?

Our approach

Our client appealed, arguing that the driving took place in the rising phase, so the Widmark formula could not be applied, and that there was no proof the higher penalty threshold had been exceeded at the time of driving.

The court's reasoning

Looking at the gaps between the last drink, the driving and the measurement, the appeal court found that the driving fell within the rising phase. Because the rate of increase in that phase is not scientifically known, the court held that the higher penalty bracket in the indictment could not be established. Given our client's admission of drinking and the circumstances at the time of the stop, however, it found that our client had been over the basic legal limit.

Outcome

The appeal court set aside the first-instance judgment, applied the lower penalty bracket, and imposed a KRW 3 million fine.

What this case means

In drunk-driving cases, the timing of the measurement can affect what penalty bracket can be proven. This was not an acquittal of drunk driving itself; the court found our client had driven over the basic limit.

This is the outcome of an individual case and does not guarantee the same result in similar matters. Some facts have been generalized to protect the parties involved.