‘Omit mouth rinse’ alcohol consumption measurement… Eventually innocent disposition

A driver who had an accident while driving while drunk at the level of revoked license was not accused. The driver’s mouth must be rinsed with plain water before breathing is measured, and the police missed the process.

Reporter Kim Sang-min covered it.

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In October of last year, 41-year-old Kim Jae-min got into an accident while carrying young children and his wife.

Indictment after drinking accident

A car suddenly popped out near the intersection and hit the side of the vehicle.

The blood alcohol concentration of Mr. Bae Mo, 33-year-old driver of the offender vehicle, was 0.09%, the level of’license cancellation’.

It was also confirmed that he was caught drunk driving in 2019.

All of the Kim’s family were hospitalized, and a car repair cost of 12 million won came out.

Nevertheless, Mr. Bae, the offender driver, only paid a fine for profanity to the police, and was not charged with drunk driving.

The reason is insufficient evidence.

Water to rinse your mouth must be provided first when taking alcohol measurements, and the police skipped this procedure at the time.

[김재민/사고 피해자 : (음주운전에 대해서는) 아무런 처벌도 못 받는다는 게 가장 억울한 것 같아요. 이번이 두 번째인데 다음에는 어떤 사고 낼지 모르는 상황이고….]

The Supreme Court case also did not admit the results of measurements that omitted this procedure.

At the time, there were a total of eight police officers on the scene, but no one noticed the fact that the guidelines for rinsing your mouth with this water before taking the breath test were not followed.

The police explained that it was a mistake that occurred in a situation where the offender was in a riot.

[김재민/사고 피해자 : (가해 차주가) 30분 정도 거의 몸싸움에 가깝다 싶을 정도로 (경찰한테) 욕설도 많이 했고….]

The police said they would inform the victim that Kim could file a lawsuit for damages against the state.

(Video coverage: Chansu Lee, Video editing: Suntag Kim)

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