The South Korean Supreme Court acquitted a driver of drunk driving charges because police failed to inform him of his right to refuse a blood draw [1].
This ruling reinforces the legal requirement for police to follow strict procedural rights during sobriety tests, even when evidence of intoxication is present.
The case originated from a traffic incident in February 2022 [1]. During the initial stop, police attempted to administer a breathalyzer test about 10 times [1]. When those attempts failed, officers proceeded with a blood draw to determine the driver's alcohol level [1].
The resulting blood-alcohol concentration was 0.129% [1]. Based on this evidence, a summary order originally imposed a fine of 5,000,000 KRW [1].
However, the driver, identified as A씨, challenged the conviction. He said that the blood test results were illegally obtained because he was not notified of his statutory right to refuse the procedure [1].
Presiding Justice Lee Suk-yeon of the Supreme Court's 3rd Division said that blood-alcohol measurements are void if the driver is not properly informed of their rights [2]. The court said that blood-alcohol measurements through blood draws must be conducted with the driver's consent [1].
Because the police omitted the mandatory notification, the court deemed the blood-alcohol concentration result to be illegally collected evidence [1]. Consequently, the evidence was inadmissible in court, leaving the prosecution without the necessary proof to maintain the conviction [1].
“Blood-alcohol measurements through blood draws must be conducted with the driver's consent.”
This decision establishes a strict procedural precedent in South Korea, signaling that the admissibility of forensic evidence outweighs the factual finding of intoxication if constitutional or statutory rights are violated. It mandates that law enforcement strictly adhere to the 'right to refuse' notification process, as failure to do so can result in the acquittal of drivers regardless of their actual blood-alcohol level.
